People v. . Damron
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 31, 1913, reversing a judgment rendered at a Trial Term for the county of Kings upon a verdict convicting the defendant of the crime of grand larceny in the first degree and granted a new trial. The facts, so far as material, are stated in the opinion.
1Opinion of the Court
Willaed Baetlett, Ch. J. :
The order of reversal in this case is based on an error of law -only, the Appellate Division “ having reviewed the facts herein and being satisfied with the judgment in that respect.” The People have the right to appeal from such an order and they are not required to give a stipulation for judgment absolute, (Code Crim. Proc. § 519; People v. Miller, 169 N. Y. 339; People v. Gaffey, 182 N. Y. 257.)
At the outset of the trial the defendant interposed a challenge to the panel of special jurors. Although no formal exception to the challenge (which would be equivalent to…
2Cases cited21 opinions
- Pierson v. . the PeopleNew York Court of Appeals · 1880
- People v. . McQuadeNew York Court of Appeals · 1888
- The People v. . PetreaNew York Court of Appeals · 1883
- People v. . MillerNew York Court of Appeals · 1902
- Cox v. . the PeopleNew York Court of Appeals · 1880
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3Cited by3 opinions
- State v. LittleSupreme Court of Iowa · 1929
- State v. PilverSupreme Court of Vermont · 1917
- United States ex rel. Pollock v. DennoDistrict Court, S.D. New York · 1960