2 Cai. Cas. 100
Decided August 15, 1804
New York Supreme Court · decided 1804-08-15
At the last circuit court, held at Salem, in the county of Washington, the defendants had been indicted, • arraigned, and had pleaded not guilty. After this the District-Attorney moved the court for leave to withdraw a juror, which was granted without the defendant’s consent. On a subsequent day they were again brought up, on the same indictment, and found guilty.
Decided 1804-08-15
¶1This point underwent a very full discus sion in the case of Olcott; it was then determined that a judge's having ordered a juror to be withdrawn is no cause for arresting the judgment on a subsequent trial for the same offence.
¶2See post, 304, S. C., and the decision here overruled.