People v. Merrill
New York Supreme Court
This was a writ of error to the Saratoga Oyer and Terminer, in which court the defendants were tried on the following indictment: Saratoga County, ss.
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This was a writ of error to the Saratoga Oyer and Terminer, in which court the defendants were tried on the following indictment: Saratoga County, ss. Be it remembered: That at a court of General Sessions, holden at the court house, in the village of Ballston Spa, in and for the county of Saratoga, on the 28th day of August, 1854, before John A. Corey, county judge of the county of Saratoga, David Maxwell and Abram Sickler, justices of the peace for sessions, in and for said county, and James W. Horton, clerk: It is presented upon the oaths of the jurors, of the people of the state of New…
1Opinion of the Court
By the Court, C. L. Allen, J.
There is no objection to the count under the thirtieth section, and to this count the defendants pleaded not guilty. That section enacts, that any person *595the felony there declared, shall, upon conviction, be puyislied by imprisonment in a state prison not exceeding ten years. The offence there created and declared, is one arising upon the intent of the party formed in this state, and which constitutes the crime committed within the state, and to punish which, on conviction, the tribunals of the state have exclusive and perfect jurisdiction. The duelling act, so…
2Cases cited4 opinions
- People v. AdamsNew York Supreme Court · 1846
- Simmons v. CommonwealthSupreme Court of Pennsylvania · 1813
- People v. SturdevantNew York Supreme Court · 1840
- People v. CharlesNew York Supreme Court · 1846
3Cited by4 opinions
- People v. ArnsteinNew York Court of General Session of the Peace · 1912
- People v. ArnsteinNew York Court of General Session of the Peace · 1912
- Massachusetts v. KlausAppellate Division of the Supreme Court of the State of New York · 1911
- People v. Hess, New York County Courts1955