People v. White
New York Supreme Court
The prisoner was convicted in July, 1839, at the New York oyer and terminer, of the murder of one Peter Fitzpatrick. The first count of the indictment charged, that the prisoner, on the 13th of February, 1839, with force and arms, &c. at the first ward of the city of New York, in and upon 'Fitzpatrick, feloniously, wilfully and of his malice aforethought, and from a pretaeditated design to effect the death of Fitzpatrick, did make an assault; and with a certain knife, &c.,…
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The prisoner was convicted in July, 1839, at the New York oyer and terminer, of the murder of one Peter Fitzpatrick. The first count of the indictment charged, that the prisoner, on the 13th of February, 1839, with force and arms, &c. at the first ward of the city of New York, in and upon 'Fitzpatrick, feloniously, wilfully and of his malice aforethought, and from a pretaeditated design to effect the death of Fitzpatrick, did make an assault; and with a certain knife, &c., in and upon the groin of Fitzpatrick, feloniously, wilfully and of his malice aforethought, and from a premeditated…
1Opinion of the Court
By the Court,
Cowen, J.
The first question made by the prisoner’s counsel arises upon the record, and respects the organization of the court by which he was tried. It was composed of the circuit judge, who presided, Judge Inglis, an associate judge of the New-York Common Pleas, and Messrs. Benson and Purdy, city aldermen. The 2 R. S, 129, 2d ed. § 3, declares, that each of the circuit judges possesses the powers of a justice of the supreme court in the courts of oyer and terminer, and jail delivery. By § 5, the circuit judges respectively are to appoint the times and places of holding their…
2Cases cited3 opinions
- People v. EnochCourt for the Trial of Impeachments and Correction of Errors · 1834
- People v. VaneNew York Supreme Court · 1834
- People v. WhiteNew York Supreme Court · 1835
3Cited by23 opinions
- Cox v. . the PeopleNew York Court of Appeals · 1880
- Dedieu v. . the PeopleNew York Court of Appeals · 1860
- People v. WhiteCourt for the Trial of Impeachments and Correction of Errors · 1840
- Potsdamer v. StateSupreme Court of Florida · 1880
- State v. RobeyNevada Supreme Court · 1873
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