People of the State of N.Y. v. . Shaw
New York Court of Appeals
Error to the General Term of the Supreme Court in the third judicial department, to review order reversing judgment-■of a Court of Oyer and Terminer held in and for the county of Washington, entered upon a verdict convicting defendant in error of the crime of murder, and granting a new trial.
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Error to the General Term of the Supreme Court in the third judicial department, to review order reversing judgment-■of a Court of Oyer and Terminer held in and for the county of Washington, entered upon a verdict convicting defendant in error of the crime of murder, and granting a new trial. (Reported below, 3 Hun, 272 ; 5 T. & C., 439.) The defendant in error was tried and convicted under an indictment charging him with the murder of his wife by administering corrosive sublimate. The facts pertinent to the questions to her discussed appear sufficiently in the opinion. The declarations of…
1Opinion of the CourtBapallo, J.
We are of opinion that, for the reasons-assigned by Habdih, J., at General Term, the conviction in this case was properly reversed. We concur in his conclusion that the participation of Justice Steebe in the trial, after his absence from the court for an entire day, was error. But we-cannot fail to observe that the proceedings which resulted in the sentence of the prisoner are subject to the further fatal objection, that the verdict of the jury was not received by a legally constituted court. The judiciary act (Laws of 1847,. chap. 280, § 38) prescribes that, except in the city and county of…
2Cited by21 opinions
- Frank v. MangumSupreme Court of the United States · 1915
- Shepard v. United StatesSupreme Court of the United States · 1933
- People v. . SmithNew York Court of Appeals · 1902
- Freeman v. United StatesCourt of Appeals for the Second Circuit · 1915
- Mulkey v. StateCourt of Criminal Appeals of Oklahoma · 1911
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