Gardiner v. People
New York Supreme Court
This cause came before this court by writ of error from the Chemung County Oyer and Terminer. The trial took place in April, 1866, before Mr. Justice Balcom, and the justices of the Sessions. At the trial the counsel for the defendant interposed to the indictment a special plea in bar of “ once in jeopardy.”
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This cause came before this court by writ of error from the Chemung County Oyer and Terminer. The trial took place in April, 1866, before Mr. Justice Balcom, and the justices of the Sessions. At the trial the counsel for the defendant interposed to the indictment a special plea in bar of “ once in jeopardy.” The plea set forth the proceedings under the indictment at the Chemung Oyer and Terminer, in September, 1865, when a plea was interposed to the jurisdiction of the court, the demurrer thereto and the adjudication thereon, as the same appear in the last case preceding this, as reported in…
1Opinion of the Court
By the Court, Balcom, J.
The judgment against the prisoner should not be reversed for any technical error *182that was committed on his trial, which did not affect the merits of the case to his prejudice. (Shorter v. The People, 2 Comstock, 193; People v. McCann, 16 N. Y. Reps., 61; People v. Wiley, 3 Hill, 194; People v. Cunningham, 1 Denio, 524; Leven v. Smith et al., Id., 571; Willis v. People, 5 Parker, 621; S. C., 32 N. Y. Rep.,, 715; People v. Gray, 5 Wend., 289, 4 Parker, 619; People v. Ransom, 7 Wend., 418; People v. Ferris, 1 Abb. N.S., 193.)
But if any error was committed on his trial,…
2Cases cited15 opinions
- Freeman v. PeopleNew York Supreme Court · 1847
- People v. RathbunNew York Supreme Court · 1839
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
- People v. RectorNew York Supreme Court · 1838
- The People v. . McMahonNew York Court of Appeals · 1857
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3Cited by9 opinions
- Nowack v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- The People v. . CarpenterNew York Court of Appeals · 1886
- State v. BollnWyoming Supreme Court · 1902
- People v. DunnAppellate Division of the Supreme Court of the State of New York · 1898
- People v. CurtissAppellate Division of the Supreme Court of the State of New York · 1907
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