The People v. . Casey
New York Court of Appeals
Appeal from judgment of the General Term, of the Second Department affirming conviction of murder in the first degree. The appellant, at a court of Oyer and Terminer, held on May 24, 1883, in the county of Queens, Second Judicial Department, was convicted of murder in the first degree in killing one Richard Oomisky, in the manner charged in the indictment, etc.
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Appeal from judgment of the General Term, of the Second Department affirming conviction of murder in the first degree. The appellant, at a court of Oyer and Terminer, held on May 24, 1883, in the county of Queens, Second Judicial Department, was convicted of murder in the first degree in killing one Richard Oomisky, in the manner charged in the indictment, etc. The judgment of conviction was affirmed by the General Term, on December 11, 1883. The act of killing and by the means charged, were not controverted upon the-trial, but the appellant interposed insanity as a defense. Further facts…
1Opinion of the CourtEarl, J.
The defendant was put upon his trial for the crime of murder, and interposed challenges for actual bias to several persons who were called to act as jurors, which his counsel now claims were improperly overruled.
The Code of Criminal Procedure, section 376, provides, that “ the previous expression or formation of an opinion or impression, in reference to the guilt or innocence of the defendant, or a present opinion or impression in reference thereto, is' not a sufficient ground for challenge for actual bias to any person otherwise legally qualified, if he declares on oath that he believes that…
2Cases cited2 opinions
- Balbo v. . the PeopleNew York Court of Appeals · 1880
- Burt v. PanjaudSupreme Court of the United States · 1879
3Cited by25 opinions
- People v. CahillNew York Court of Appeals · 2003
- People v. CulhaneNew York Court of Appeals · 1973
- People v. . McQuadeNew York Court of Appeals · 1888
- State v. LindellWisconsin Supreme Court · 2001
- People v. LynchNew York Court of Appeals · 2000
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