People v. Clark
New York Supreme Court
Appeal from court of sessions, Washington county. Beversed. This was a proceeding against Peter Clark, Jr., before a justice of the peace, on the complaint of B. W. Townsend, for selling liquor without a license. At the trial defendant demanded a jury. One of the jurors was challenged for implied bias, under Code Crim.
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Appeal from court of sessions, Washington county. Beversed. This was a proceeding against Peter Clark, Jr., before a justice of the peace, on the complaint of B. W. Townsend, for selling liquor without a license. At the trial defendant demanded a jury. One of the jurors was challenged for implied bias, under Code Crim. Proc. § 377, subd. 1, which specifies as a cause for such challenge “consanguinity or affinity in the ninth degree to the person alleged to be injured by the crime charged, or on whose complaint the prosecution was instituted, or to the defendant.” He testified that he was…
1Opinion of the Court
Learned. P. J.
A juror, when called, was challenged for implied bias. Code Grim. Proc. § 377. Being sworn, he testified that he was related to the complainant, but was not nearer than third or fourth cousin. Consanguinity with the complainant within the ninth degree is a good ground for challenge. The children of brothers and sisters are first cousins to each other; otherwise called “cousins germon,” or simply “cousins.” The children of first cousins are second cousins to each other. The children of second cousins are third cousins to each other. The child of a first cousin is a first cousin…
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