People v. Ellis
This text of 15 Wend. 371 (People v. Ellis) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
By the Court,
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, [372]*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 all cases of misdemeanor.
Judgment affirmed.
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15 Wend. 371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ellis-nysupct-1836.