¶2It is no doubt the duty of the judge to charge the jury and state to them the law of the case ; but there may be good reasons for omitting to do so. In this case there was no dispute about the law, and the facts and intents were for the jury to decide. Had the judge undertaken to charge the jury, he could not have done so before the Sabbath morning, when the jury must have been discharged or kept together over the Sabbath. He therefore exercised his discretion and submitted the case without a charge. The verdict ought not to be set aside on this ground, unless it manifestly appears that the omission of the judge operated to the prejudice of the defendants. That it had no such effect appears from a comparison of the evidence with the verdict. The testimony presents a clear case of wilful murder by James Gray, and of aiding and assisting by Elijah Gray. The verdict is fully supported by the evidence, and a new trial ought not to be granted. The oyer and terminer are advised to proceed and pronounce judgment.
5 Wend. 289
People v. Gray
Decided July 15, 1830
New York Supreme Court · decided 1830-07-15
The defendants were tried for murder, at the oyer and terminer of Genesee. The trial occupied four days, and was closed about ten minutes before twelve o’clock on Saturday night. It was conceded by the public prosecutor, that if the jury were of opinion that the defendants or either of them were guilty of manslaughter only, they might so find.
Cited by 1 later decisions — most recently May 1854
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1830-07-15
View the full empirical analysis of this case →