People v. Perkins

Decided August 15, 1828

New York Supreme Court · decided 1828-08-15

In this case a verdict was taken against the prisoner in his absence, He had been indicted and tried for a forgery. When the cause was submitted to the jury, be was commit- . , . .. , , ted to jail; and on the coming in of the jury, their verdict was received without the prisoner’s being brought into court.

Decided 1828-08-15

¶1By the Court,

Savage, C. J.

¶2We are of opinion that the verdict was irregular. The prisoner was indicted, and tried for an offence, formerly called capital. And though many of the ancient forms on trials are now dispensed with, the prisoner should have been present on receiving the verdict, so that he might have availed himself of the right of polling the jury. We advise that the verdict be set aside, and that there be a new trial.