People v. Baker
New York Supreme Court
Motion to change the place of trial. Lewis Baker, with five others, was indicted for the murder of William Poole. On the first trial, in the City of New York, the jury failed to agree. A second trial was commenced after four days spent in impanneling a jury, but was interrupted by the sickness of one of the jurors. A certiorari was then issued at the instance of the District Attorney, removing the cause from the Oyer and Terminer, to the Supreme Court.
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Motion to change the place of trial. Lewis Baker, with five others, was indicted for the murder of William Poole. On the first trial, in the City of New York, the jury failed to agree. A second trial was commenced after four days spent in impanneling a jury, but was interrupted by the sickness of one of the jurors. A certiorari was then issued at the instance of the District Attorney, removing the cause from the Oyer and Terminer, to the Supreme Court. The District Attorney, now moved to change the place of trial to the county of Suffolk, on the ground that a fair and impartial trial could…
1Opinion of the CourtStrong, J.
The defendants stand indicted for the alleged murder of William Poole, in the city and county of New York. The indictment contains as many counts as there are defendants, respectively charging each as primary, and the others as secondary principals. The first count charges the defendant Baker as the most prominent actor, and the others as being present at the scene of the murder, and aiding and abetting him. He elected to be tried separately. He was first tried at a Court of Oyer and Terminer, held before Judge Roosevelt, in the county of New York, (where the venue is laid and the indictment…
2Cases cited1 opinion
- Sherrill v. HopkinsNew York Supreme Court · 1823
3Cited by11 opinions
- Barry v. TrauxNorth Dakota Supreme Court · 1904
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1906
- People v. DiamondNew York Supreme Court · 1901
- Krebs v. StateCourt of Appeals of Texas · 1880
- Taylor v. GardinerSupreme Court of Rhode Island · 1875
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