Barringer v. . the People

The counsel for the people insists that the judgment is conclusive against the plaintiff in error as to the facts, and that we cannot review the case upon the evidence. But the position is not well taken. Where the trial in the special sessions is before the magistrate, without a jury, thecertiorari to the supreme court may require the return of the evidence for the consideration of the superior tribunal, though it is otherwise where there has been a trial by jury. (2 R.S., 717, §§ 42, 43, 44, 46, 49; Vanderwerker v. The People, 5Wend., 530; Son v. The People, 12 id., 344; Alkenbrack v. The…