Legal Opinion

Greenfield v. . People

New York Court of Appeals

Decided September 17, 1878PublishedCited by 28 opinions

Error to the General Term of the Supreme Court, in the fourth judicial department, to review judgment of the Court of Oyer and Terminer in and for the county of Oswego, entered upon a verdict convicting the plaintiff in error of the crime of murder in the first degree. (Reported below, 13 Hun, 242.) The facts pertinent to the questions discussed appear sufficiently in the opinion.

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Error to the General Term of the Supreme Court, in the fourth judicial department, to review judgment of the Court of Oyer and Terminer in and for the county of Oswego, entered upon a verdict convicting the plaintiff in error of the crime of murder in the first degree. (Reported below, 13 Hun, 242.) The facts pertinent to the questions discussed appear sufficiently in the opinion. On a challenge for favor the prisoner was entitled to a juror wholly unbiased, unprejudiced and indifferent. Such challenge is to be determined by the court, and an exception lies thereto. (People v. Mallon, 3…

1Per curiam

In the view which we take of this case, it will be sufficient, if we notice with any particularity, the points of the plaintiff in error, based upon the overruling of his challenges to two of the persons who were sworn upon the panel of jurors by which he was tried and found guilty.

One of them was challenged for principal cause, and as having formed and expressed an opinion. Both were challenged for favor, and as not being indifferent and impartial.

There has always been a distinction between these two kinds of challenge ; and there is yet, notwithstanding modern legislation on the subject.…

2Cases cited12 opinions

  1. People v. MatherNew York Supreme Court · 1830
  2. Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
  3. Freeman v. PeopleNew York Supreme Court · 1847
  4. Thomas v. . PeopleNew York Court of Appeals · 1876
  5. Sanchez v. . the PeopleNew York Court of Appeals · 1860

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3Cited by28 opinions

  1. People v. CulhaneNew York Court of Appeals · 1973
  2. People v. TorpeyNew York Court of Appeals · 1984
  3. People v. . McQuadeNew York Court of Appeals · 1888
  4. State v. KentNorth Dakota Supreme Court · 1895
  5. Myers v. StateSupreme Court of Georgia · 1895

23 more not listed; retrieve them via the Exa API.

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