People v. Gaffney
The Superior Court of New York City
Motion for a new trial. The prisoner, John Gaffney, was indicted, tried and convicted at a criminal term of the Buffalo superior court, held in July, 1872, of the crime of murder in the first degree, and sentenced to be executed. A motion for a new trial was now made on a bill of exceptions, and also on the indictment, and affidavits alleging irregularities on the part of the jurors during their deliberations.
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Motion for a new trial. The prisoner, John Gaffney, was indicted, tried and convicted at a criminal term of the Buffalo superior court, held in July, 1872, of the crime of murder in the first degree, and sentenced to be executed. A motion for a new trial was now made on a bill of exceptions, and also on the indictment, and affidavits alleging irregularities on the part of the jurors during their deliberations. The facts important to be considered will sufficiently appear in the opinion of the court.
1Opinion of the Court
By the Court.—Sheldon, J.
[That portion of the opinion relating to the questions raised by the bill of exceptions, which was afterward carried before the court of appeals, is omitted.]
The motion which had- been made for a new trial, upon affidavits, on account of alleged irregularities, has been considered with all the solicitude its importance demands. It appears that" the case was given to the jury in the evening and that they remained out until the next day, in the" afternoon, before agreeing upon a verdict.
In the morning of the second day, one of the jurors requested the officer in charge…
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- United States v. GibertU.S. Circuit Court for the District of Massachusetts · 1834
- Taylor v. EverettNew York Supreme Court · 1845
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- Burritt v. BurrittNew York Supreme Court · 1859
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3Cited by2 opinions
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