People v. Upton
New York Supreme Court
Appeal from court of sessions, Tompkins county. On the 29th day of May, 1888, Simeon Smith made complaint to M. BT. Tompkins, Esq., a justice of the peace, and in the complaint stated, among other things, viz.: “That the defendant, Daniel Upton, at divers times between the 1st day of May, 1888, and the making of this deposition, at the town of Ithaca, in said county, did commit the crime of malicious trespass upon lands owned, occupied, or possessed by Jeremy Smith, of said…
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Appeal from court of sessions, Tompkins county. On the 29th day of May, 1888, Simeon Smith made complaint to M. BT. Tompkins, Esq., a justice of the peace, and in the complaint stated, among other things, viz.: “That the defendant, Daniel Upton, at divers times between the 1st day of May, 1888, and the making of this deposition, at the town of Ithaca, in said county, did commit the crime of malicious trespass upon lands owned, occupied, or possessed by Jeremy Smith, of said town; and more particularly on or about the 17th day of May, 1886, did commit said crime upon said lands by maliciously…
1Opinion of the CourtHardin, P. J.
1. We think the warrant was sufficient in form, and that there was no error in overruling the objections taken to the sufficiency thereof. Section 151, Code, Grim. Proe. It stated an offense in respect to which the magistrate has authority to issue a warrant, and as to which he has jurisdiction. Section 152, Code Crim. Proc. It was not necessary to set up in the warrant the circumstances of the offense. Atchinson v. Spencer, 9 Wend. 62; Kilmer v. Wilson, 49 Barb. 87. Section 56 of the Code of Criminal Procedure confers jurisdiction upon courts of special sessions to hear and determine charges…
2Cases cited2 opinions
- Atchinson v. SpencerNew York Supreme Court · 1832
- People v. SmithNew York Supreme Court · 1825