Carpenter v. . People
New York Court of Appeals
Error to the General Term of the Supreme Court to review judgment affirming a judgment of the Court of General Sessions of the Peace in and for the city and county of New York, convicting plaintiff in error of the crime of burglary in the third degree.
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Error to the General Term of the Supreme Court to review judgment affirming a judgment of the Court of General Sessions of the Peace in and for the city and county of New York, convicting plaintiff in error of the crime of burglary in the third degree. Before the grand jury, by whom the plaintiff was indicted, were impanneled and sworn, his counsel interposed a challenge to the array of grand'jurors which alleged substantially that Douglas Taylor was duly and legally elected and qualified as commissioner of jurors of the city and county of New York, but was illegally-removed from office by…
1Opinion of the CourtRapallo, J.
The challenge to the array of grand jurors was properly disallowed. Hnder the provisions of 2 Revised Statutes (p. 724, §§ 27, 28) no such challenge can be allowed.
The challenge, to the array of petit jurors is founded wholly upon the allegation that the jurors were not selected by Douglas Taylor, the commissioner of jurors of the county of Hew York, and that he did not, nor did any person on his behalf, attend the drawing of such jurors. But it is also stated in the challenge, that the jurors were selected by Thomas Dunlap, who had been appointed by the mayor of the city such commissioner of…
2Cited by13 opinions
- People v. LauderMichigan Supreme Court · 1890
- In re GannonCalifornia Supreme Court · 1886
- State ex rel. Dunn v. NoyesWisconsin Supreme Court · 1894
- People v. LytleAppellate Division of the Supreme Court of the State of New York · 1896
- State v. BelyeaNorth Dakota Supreme Court · 1900
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