People v. Barrett & Ward
New York Supreme Court
THE defendants were indicted, at the general sessions of the peace, in Washington county, in September, 1803, for a conspiracy, and were brought to trial on that indictment, at the court of oyer and terminer, held in that county in' June, 1804. The district attorney, discovering some material evidence, which could not be immediately obtained, moved to withdraw a juror, which was granted by the court, without the consent of the defendants.
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THE defendants were indicted, at the general sessions of the peace, in Washington county, in September, 1803, for a conspiracy, and were brought to trial on that indictment, at the court of oyer and terminer, held in that county in' June, 1804. The district attorney, discovering some material evidence, which could not be immediately obtained, moved to withdraw a juror, which was granted by the court, without the consent of the defendants. At a subsequent day, the defendants were again arraigned, tried, and found guilty on the same indictment. In February term, 1805, upon a case submitted,…
1Opinion of the CourtTompkins, J.
In discussing the points in this cause, I shall take for granted, what was not controverted upon the argument, that the proceedings on the first trial of the defendants, amounted' to a general verdict of acquittal.
The principal grounds upon which the first point is attempted to be supported, are, that in the first indictment, it is stated, that the defendants conspired to defraud one Darren of his money, goods and chattels, whereas, in the second, they are charged with conspiring, to defraud him of his goods and chattels only ; that the date of an indorsement of the note, mentioned in both…
2Cited by26 opinions
- United States v. BallSupreme Court of the United States · 1896
- People v. HardingMichigan Supreme Court · 1884
- People v. . SmithNew York Court of Appeals · 1902
- Joy v. StateIndiana Supreme Court · 1860
- United States v. GibertU.S. Circuit Court for the District of Massachusetts · 1834
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