People v. Vermilyea
New York Supreme Court
This cause came before the court on a return to the certiorari granted by Woodworth, J., upon grounds mentioned 6 Cowen., 555, S. C.; and was discussed upon the points there decided by him, as to the nature and effect of the challenge against Norwood, the juror; and the proceedings upon it in the court below. The case will be found stated there, (p. 556, 7,) substantially, as it was now presented by the return.
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This cause came before the court on a return to the certiorari granted by Woodworth, J., upon grounds mentioned 6 Cowen., 555, S. C.; and was discussed upon the points there decided by him, as to the nature and effect of the challenge against Norwood, the juror; and the proceedings upon it in the court below. The case will be found stated there, (p. 556, 7,) substantially, as it was now presented by the return. The judge who granted the certiorari in this case, rightly held that he would consider the challenge as demurred to, and overruled upon a regular issue in law. This was merely saying…
1Concurrence
Savage, Ch. J.
I have nothing to add, except to "ex press my concurrence in the opinion delivered by Mr. Justice Woodworth ; and to say that Mr. Justice Sutherland (now absent) also concurs.
On this decision being pronounced,
D. Salden, for all the defendants, except Barker, moved that the cause be sent down for trial on the civil side; that the venue be changed from the city and county of Mew __ , _ , , , . .... York, to some other county, which the court might designate ; and that the court should also pronounce on a question which appeared on the return, relative to a variance between the…
2Cases cited5 opinions
- People v. GoodwinNew York Supreme Court · 1820
- Findley v. StateIndiana Supreme Court · 1841
- M'Cauley v. United StatesSupreme Court of Iowa · 1846
- People v. HarrisNew York Supreme Court · 1847
- Davidson v. WheelerSupreme Court of Iowa · 1843