People v. Henries
New York Supreme Court
Certiorari to the Yates county sessions. The prisoner was indicted, at the Yates Oyer and Terminer, for robbery in the first degree, and the indictment was sent to the Yates couuty sessions for trial. The prisoner having pleaded not guilty, the case came on for trial before said court of sessions on the 16th of May, 1854, before Lewis, county judge and the justices of the sessions.
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Certiorari to the Yates county sessions. The prisoner was indicted, at the Yates Oyer and Terminer, for robbery in the first degree, and the indictment was sent to the Yates couuty sessions for trial. The prisoner having pleaded not guilty, the case came on for trial before said court of sessions on the 16th of May, 1854, before Lewis, county judge and the justices of the sessions. On the trial, the clerk proceeded in the usual way to draw and call the jury, and before twelve jurors had been drawn and empanneled, the clerk drew and called one William A. Pelton as a juror; said Pelton answered…
1Opinion of the Court
By the Court,
T. R. Strong, J. —
By the common law of England, as modified by the statute 33 Edw. I, 4, the crown was allowed a challenge to jurors without assigning his cause of challenge until the panel was gone through; but if a full jury was not then obtained he was required to state the cause, which was to be inquired of by the court. Beyond this there was no peremptery challenge on the part of the crown. (4 Bl. Com. 353, 1 Chit. Crim. Law, 534 and cases cited.) This was the law of the colony of New York at the time of the revolution, and was adopted by this state, the people occupying the…
2Cases cited2 opinions
- People v. AbbotNew York Supreme Court · 1838
- President of Waterford v. PeopleNew York Supreme Court · 1850
3Cited by1 opinion
- People v. CaniffNew York Supreme Court · 1855