People v. Gay
New York Supreme Court
Declaration on recognizance and demurrer thereto. The declaration stated that at the Onondaga oyer and terminer held in March, 1832, an indictment for perjury was found against Enoch.
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Declaration on recognizance and demurrer thereto. The declaration stated that at the Onondaga oyer and terminer held in March, 1832, an indictment for perjury was found against Enoch. Gay, and at the same court Enoch Gay, and the defendant Justus Gay, as his surety, entered into a recognizance, conditioned that Enoch Gay should personally appear at the then next court of general sessions to be held in and for the county of Onondaga, then and there to answer what should be alleged against him in behalf of the people, and not depart without leave, &c., and that the indictment thus found was…
1Opinion of the Court
By the Court,
Sutherland, J.
It is contended in support of the demurrer, that the oyer and terminer can receive from the sessions only such indictments as are found there, but that they have no authority to receive back or try an indictment which they have once sent down to the sessions.
The powers of courts of oyer and terminer are defined by statute, 2 R. S. 205, § 29 ; they have power, 1. To inquire of all crimes and misdemeanors committed within their respective counties ; 2. To hear and determine all such crimes and misdemeanors; and 3. To deliver the jails of their respective counties of…
2Cited by5 opinions
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