New York Supreme Court, 1830

People v. Goodwin

People v. Goodwin
New York Supreme Court · Decided July 15, 1830 · Savage
5 Wend. 251

Counsel

J. Pierson, (district attorney,) for the people.

People v. Goodwin

Opinion of the Court

*253 By the Court,

Savage, Ch. J.

The oyer and terminer erred. It is not necessary for a court of special sessions to inform a prisoner of his right to be tried by a jury, or that lie should expressly waive such right to render a conviction valid. The law organizing a court of special sessions without jury is perfectly constitutional, as has been decided in Murphy v. The People, 2 Cowen, 815. The act of 1824, Statutes, vol. 6, 297, c. § 47, gives a defendant or prisoner the right to demand a trial by jury, but that the jury trial must expressly be waived to render a conviction good is not required by law.

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