People v. Mack
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Alfred it. Mack, from a judgment of the County Court of Tompkins county in favor of the plaintiff, entered in the office of the clerk of the county of Tompkins on the -day of February, 1898, upon the verdict of a jury convicting the defendant of the crime of assault in the first degree, and also from an order entered in said clerk’s office on the 1st day of February, 1898, denying the defendant’s motions made in arrest of judgment and for a new trial.
1Opinion of the Court
Merwin, J. :
The defendant was convicted of the crime of assault in the first degree. He thereupon moved for a new trial and arrest of judgment upon the ground that one of the jurors who sat in the case was related to the complainant within the ninth degree of affinity. (Code Grim. Proc. § 377.) It appears by affidavits that the grandfather of the wife of the juror was a brother of the father of the complainant, and that this fact was not, at the time of the trial, known to the defendant or to his counsel. It does not appear that it was known to the district attorney.
The juror was a talesman,…
2Cases cited8 opinions
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- People v. RathbunNew York Supreme Court · 1839
- People v. JewettNew York Supreme Court · 1831
- Woodward v. DeanMassachusetts Supreme Judicial Court · 1873
- Briggs v. Town of GeorgiaSupreme Court of Vermont · 1843
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3Cited by9 opinions
- People v. . CosmoNew York Court of Appeals · 1912
- People v. PhillipsNew York Supreme Court · 1975
- People v. ThayerAppellate Division of the Supreme Court of the State of New York · 1909
- Robertson v. PerryLouisiana Court of Appeal · 1979
- People ex rel. Ostwald v. CraverNew York Supreme Court · 1946
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