4 Johns. 294
Decided May 15, 1809
New York Supreme Court · decided 1809-05-15
THE indictment and proceedings in this cause were removed to this court by certiorari. The prisoner was indicted at a special sessions, held in the city of New-York, in February, 1809. There were several indictments found against him for grand larceny, to which he pleaded not guilty, and by his consent the same jury were sworn to try them all. After a trial on the first indictment, the jury withdrew to deliberate.
Decided 1809-05-15
¶1There can be no doubt that there was an irregularity in this case ; the jury ought to have been sworn and impanelled again. We give no opinion however, whether there ought to be a new trial or not; but shall recommend the prisoner for a pardon.
¶2[The prisoner afterwards obtained a pardon and was discharged.]