Eastwood v. People
New York Supreme Court
Martin Eastwood was tried and found guilty of the murder of Edward Brereton, at the Monroe Oyer and Terminer, in May, 1855, before Welles, justice of the Supreme Court, and the justices of the sessions.
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Martin Eastwood was tried and found guilty of the murder of Edward Brereton, at the Monroe Oyer and Terminer, in May, 1855, before Welles, justice of the Supreme Court, and the justices of the sessions. In the course of the trial, William Green, called on the part of the defence, testified: That he was a connection of Eastwood, and well acquainted with him; that he arrived at the place of the affray a few minutes after Brereton was knocked down; that Eastwood’s appearance was as if something was the matter with him; that he had been accustomed to see men under the influence of liquor and…
1Opinion of the Court
By the Court, Selden, J.
I will first consider that branch of the motion which is founded upon certain alleged irregularities on the part of the jury. The affidavit of Cornelius Fielding states that on the evening of Wednesday, May 9th, 1855, being the third day of the trial, several of the jurors passed him on New Main-street, in Rochester, about three-fourths of a mile from the court-house, and stopped at Still-son’s block, at the corner of New Main and Franklin streets; that he immediately crossed over towards them and went into Coatsworth’s grocery store, situated upon the comer, and as he…
2Cases cited7 opinions
- People v. DouglassNew York Supreme Court · 1825
- People v. M'KayNew York Supreme Court · 1820
- Whitney v. WhitmanMassachusetts Supreme Judicial Court · 1809
- Smith v. ThompsonNew York Supreme Court · 1823
- M'Kee v. NelsonNew York Supreme Court · 1825
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3Cited by5 opinions
- Stephens v. . the PeopleNew York Court of Appeals · 1859
- People v. BushCalifornia Supreme Court · 1886
- People v. DurlingNew York Court of Appeals · 1952
- People v. JohnstonNew York Supreme Court · 1887
- People v. MontgomeryCourt Of Oyer And Terminer New York · 1872