PEOPLE EX REL. MAULT v. JACKSON


3 A.D.2d 688 (1957)

The People of the State of New York ex rel. Charles L. Mault, Appellant, v. J. Vernel Jackson, as Warden of Clinton Prison, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 24, 1957


Relator, imprisoned in a State prison, attacks the judgment of conviction, rendered upon a jury verdict, on the ground that sections 433 and 451 of the Code of Criminal Procedure were not complied with. We find to the contrary. Section 433 provides that when the jury have agreed upon their verdict and have been conducted into court, "Their names must then be called, and if all do not appear, the rest must be discharged without giving a verdict". The record here shows that...

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