Stout v. People
New York Supreme Court
This case came before the general term on a writ of error to the Monroe Oyer and Terminer, in which court the prisoner, together with Sarah Littles, his sister, had been indicted for the murder of Charles W. Littles.
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This case came before the general term on a writ of error to the Monroe Oyer and Terminer, in which court the prisoner, together with Sarah Littles, his sister, had been indicted for the murder of Charles W. Littles. The prisoner was tried separately on the indictment, at the Monroe Oyer and Terminer at Eochester, on the 14th of April, 1858, before HenryWelhs, justice of the Supreme Court, George G. Hunger, county judge, and Ephraim Goss and James Swayne, justices of the Sessions, (a) In proceeding to empannel a jury to try the prisoner, Johnson H. Tower was drawn and called as a juror, and…
1Opinion of the CourtWelles, J.
The counsel tor the plaintiff in error contends that the judgment should be reversed upon two grounds, which I shall proceed to state and consider.
I. On the trial, in the course of impanneling the petit jury, Johnson M. Tower was drawn and called as a juror, and appeared. He was challenged by the prisoner’s counsel for principal cause, on the ground that he had formed and expressed an opinion touching the prisoner’s guilt, and the district attorney traversed the challenge. The juror being sworn and examined as a witness on behalf of the prisoner in support of the challenge, testified as…
2Cases cited10 opinions
- People v. MatherNew York Supreme Court · 1830
- Freeman v. PeopleNew York Supreme Court · 1847
- People v. BodineCourt for the Trial of Impeachments and Correction of Errors · 1845
- Churchill v. HuntNew York Supreme Court · 1846
- Ex parte VermilyeaNew York Supreme Court · 1826
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3Cited by10 opinions
- State v. OstranderSupreme Court of Iowa · 1865
- State v. O'DonnellOregon Supreme Court · 1900
- State v. LawlorSupreme Court of Minnesota · 1881
- State v. WillsonOregon Supreme Court · 1925
- People v. BotkinCalifornia Court of Appeal · 1908
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