Majority
p. 32The People, vs. Hagar Prince.
Headnote
T In a prosetiution for sault and battery, it is too late to compromise after the jury are sworn.Assault and Battery.
Hagar Prince, a black woman, was put to the box for A charged with committing a violent assault and battery on Mr.--—■
It appeared by the testimony of the witnesses called on behalf of the prosecution, that she came into the house of the prosecutor at the corner of Bayard and Mott-streets, and commenced beating him in a most violent manner, without
p. 33finding the evidence strong to' resist, and being desirous of saving his client from the effects of a conviction, put this question to the prosecutor : “Will you consent to withdraw the proseention and release the prisoner, on taking her own recognizance for her good behavior.” contended that after the Jury was sworn, and the case had been given to them, the prosecutor could not arrest the proceedings : that the only mode was for the District Attorney to withdraw a Juror, which he should not do in the present case.
any real or apparent cause. He shoved her out of his house, and at last released himself from her ; officers were, i 1 procured, and the prisoner taken to the police office, and committed to Bridewell. '
Price, counsel for the prisoner,
Maxwell, District Attorney,
“ The District Attorney may withdraw “ a Juror or not, as he pleases : we are unanimous that the “ proceedings cannot be stayed by any legal act of the prosecutor. The trial must proceed.”
The prisoner was found guilty.