Summary
holding that no substantial right of the defendant was violated where jury was not polled; at common law, the matter of polling was in the trial court's discretion and its question to jury, "So say you all?" and all jurors' assent were "in effect a poll of the jury"
Summary of this case from People v. PhillipsOpinion
April, 1911.
Judgment of conviction of the County Court of Westchester county, and order reversed and new trial ordered upon the grounds, first, that the identity of the defendant with the person or persons committing the crime of burglary on May 26, 1908, is not established beyond a reasonable doubt; and, second, that the learned trial judge erred in admitting the testimony given upon the trial of the witness Debarberi for the purpose of impeaching the said Debarberi, who had been called by the People. Jenks, P.J., Hirschberg, Burr, Woodward and Rich, JJ., concurred.