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283 N.Y. 534

29 N.E.2d 76

McHugh v. Jones

New York Court of Appeals

Decided July 24, 1940

New York Court of Appeals · decided 1940-07-24

Relies on People v. Leonti

Good law ✅— No negative treatment on recordhow we know

Decided 1940-07-24

How this case has been cited

Cited by 4 later decisions — most recently July 1966

4 state decisions

20194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1 Prima facie evidence of ineligibility of one of the members of the jury to sit as a juror was disclosed by statements made outside the jury room and having no relation to the deliberations of the jury. The disclosures *536 were sufficient, even though contained in affidavits of jurors, to require the court to make inquiry as to their truth for the purpose of determining the question of eligibility. (People v. Leonti, 262 N. Y. 256.)

¶2 The order should be affirmed, with costs, and the question certified answered in the negative.

¶3 Lehman, Ch. J., Loughran, Finch, Rippey, Sears, Lewis and Conway, JJ., concur.

¶4 Order affirmed, etc.

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