People v. Simmons
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph Simmons, from a judgment of the County Court of Kings county, rendered on the 27th day of May, 1907, convicting him of the crime of grand larceny in the first degree.
1Opinion of the Court
Jenks, J.:
The defendant appeals from a judgment of conviction for larceny. We must give judgment without regard. to technical errors or defects or to exceptions which do not affect the substantial rights of the parties. (Code Grim. Proc. § 542.)
The error first assigned is that of the court in denying defendant’s motion at the close of the case to withdraw a juror upon the ground that the district attorney, “ certainly not intentionally, has spread before them in his opening an elaborate, extended, condemning, destructive story of the defendant and his associates as to their conduct, their…
2Cases cited5 opinions
- Spies v. PeopleIllinois Supreme Court · 1887
- People v. . WolfNew York Court of Appeals · 1906
- People v. MilesAppellate Division of the Supreme Court of the State of New York · 1908
- State v. FlandersSupreme Court of Missouri · 1893
- People v. SmilieAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by6 opinions
- Wyoming State Board of Examiners of Optometry v. Pearle Vision Center, Inc.Wyoming Supreme Court · 1989
- People v. SteffensAppellate Division of the Supreme Court of the State of New York · 1961
- Barron v. Board of Dental ExaminersCalifornia Court of Appeal · 1930
- People v. StoneAppellate Division of the Supreme Court of the State of New York · 1908
- Toal v. ZitoNew York Supreme Court · 1958
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