People v. Marcus

After the jury had been “ duly drawn, examined, accepted, empanelled and sworn,” according to the clerk’s minutes in the record, counsel for defendant Marcus moved for a separate trial on the ground that a joint trial “ would not award to him a fair and impartial trial, because there were a number of alleged confessions made by one or more of the co-defendants, which confessions are admissible against the defendant Benjamin Marcus (sic), and which confessions, if heard by the same jury, would be prejudicial to the defendant Benjamin Marcus and would not afford bim a fair and impartial trial.”…