Cancemi, Plaintiff in Error v. the People, Defendants in Error

Summary

The Court held that a criminal conviction rendered by an eleven‑member jury, even with the defendant's consent to the withdrawal of a juror, violates the constitutional and common‑law requirement of a twelve‑person jury. Accordingly, the judgment of conviction was reversed and a new trial was ordered. The Court also affirmed that supplemental certificates and stipulations annexed to the record become part of the record for error review.