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· 7/15/1904

In re the Freeholders of the Towns of Madrid, Waddington & Louisville

Citations

  • 44 Misc. 431
  • 90 N.Y.S. 110

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • a criminal trial to an unsworn jury “was, in effect, no more than a trial by mob”
  • “[A] conviction by an unsworn jury is a mere nullity . . . .”
  • “[A] conviction by an unsworn jury is a mere nullity .. ..”
  • “[A] conviction by an unsworn jury is a mere nullity, of which the accused could not, upon a subsequent arraignment, avail himself by a plea of autre fois convict.”
  • in criminal cases, “a total failure to swear the jury is a matter which cannot, in any manner or under any circumstances, be waived; and, as a consequence, a conviction by an unsworn jury is a mere nullity”
  • \`[T]he fact of swearing [the jurors] must appear on the record'\

Source: CourtListener parenthetical corpus (CC0).

Judges: Spencer

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.