People v. Ellis
New York Supreme Court
This case came up by certiorari from the Albany general sessions. John Ellis, Davis Ellis and David G. Herrick were put on trial for an assault and battery and riot committed by them. After the district attorney rested,the counsel for the defendants offered to prove that on the day preceding the trial, two of the defendants,viz. Jo/tM.
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This case came up by certiorari from the Albany general sessions. John Ellis, Davis Ellis and David G. Herrick were put on trial for an assault and battery and riot committed by them. After the district attorney rested,the counsel for the defendants offered to prove that on the day preceding the trial, two of the defendants,viz. Jo/tM. Ellis andflismc/c, were put on trial on the same indictment,and after evidence had been given on the part of the prosecution, the court, on the motion of the district attorney and against the consent of the defendants, withdrew a juror, for the purpose of…
1Opinion of the Court
By the Court,
Nelson. J.
In the case of The People v. Olcott, 2 Johns. Cas. 307, the power of the court as to the withdrawal of a juror after the jury was impannelled and sworn, *372in the case of a misdemeanor, seems to be put on the same f00t¡ng ag ;n civil cases, in which it rests very much in the exercise of a sound discretion. 8 Cowen, 127. The same indulgence is not extended in this court to all criminal cases not capital, The People v. Barrett & Ward, 2 Caines, 304, though respectable authorities have gone that length. 2 Gall. 364. We see no good objection to the application of the rule in…
2Cases cited3 opinions
- United States v. CoolidgeU.S. Circuit Court for the District of Massachusetts · 1815
- People v. OlcottNew York Supreme Court · 1801
- People v. BarrettNew York Supreme Court · 1805
3Cited by7 opinions
- People v. OlcottNew York Supreme Court · 1801
- Schofield v. SettleyIllinois Supreme Court · 1863
- Miller v. MetzgerIllinois Supreme Court · 1855
- Planer v. SmithWisconsin Supreme Court · 1876
- State Ex Rel. Polk v. JohnsonWisconsin Supreme Court · 1970
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