· 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 CourtListenerSourced 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.