Legal Opinion

Abbott v. . People of the State of New York

New York Court of Appeals

Decided October 25, 1881PublishedCited by 19 opinions

Error to the General Term of the Supreme Court, in the third judicial department, to review judgment entered upon an order made May 3, 1881, which affirmed a judgment of the Court of Oyer and Terminer, in and for the county of Chemung, entered upon a verdict convicting the plaintiff in error of the crime of murder in the first degree. The facts are sufficiently stated in the opinion.

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Error to the General Term of the Supreme Court, in the third judicial department, to review judgment entered upon an order made May 3, 1881, which affirmed a judgment of the Court of Oyer and Terminer, in and for the county of Chemung, entered upon a verdict convicting the plaintiff in error of the crime of murder in the first degree. The facts are sufficiently stated in the opinion. A challenge, for favor “ is to determine the indifference of the person proposed as a juror.” (Thomas v. People, 67 N. Y. 218-221; People v. Mallon, 3 Lans. 224; Tohman v. People, 1 N. Y. 379-384.) The forming…

1Opinion of the CourtMiller, J.

The prisoner was convicted of the crime of murder in the first degree at a Court of Oyer and Terminer, held in the county of Chemung, in the month of September, 1880, and sentenced to be executed according to law. The conviction was affirmed at General Term, and the proceedings are brought before us for review by writ of error. We are not authorized, upon this writ of error, to review the facts, and can only consider such legal questions as are presented by the record before us. Upon the trial a challenge was made for favor to two of the jurors who were drawn. Each of the challenges made were…

2Cases cited2 opinions

  1. Thomas v. . PeopleNew York Court of Appeals · 1876
  2. People v. LambNew York Court of Appeals · 1866

3Cited by19 opinions

  1. People v. . RodawaldNew York Court of Appeals · 1904
  2. The People v. . IrvingNew York Court of Appeals · 1884
  3. State v. DahlstromSupreme Court of Minnesota · 1967
  4. Lake Erie & Western Railway Co. v. JudayIndiana Court of Appeals · 1898
  5. Commonwealth v. TircinskiMassachusetts Supreme Judicial Court · 1905

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