Phillips v. People
New York Supreme Court
WRIT of error to the court of sessions of Saratoga ' county, to bring before this court for review the trial and conviction of the plaintiff in error, lipón 'an indictment for grand larceny. The writ did not, in terms, require any return of the judgment; nor did it in the usual form require a return of all proceedings on the indictment “ if judgment le thereupon given.” hTor did the county cleric’s return to the writ contain the record of the judgment of the court.
Read the full summary
WRIT of error to the court of sessions of Saratoga ' county, to bring before this court for review the trial and conviction of the plaintiff in error, lipón 'an indictment for grand larceny. The writ did not, in terms, require any return of the judgment; nor did it in the usual form require a return of all proceedings on the indictment “ if judgment le thereupon given.” hTor did the county cleric’s return to the writ contain the record of the judgment of the court. On the trial various exceptions were taken by the prisoner’s counsel to the admission and rejection of evidence; among others to…
1Opinion of the Court
By the Court, Potter, J.
An objection is taken by the counsel for the people to the hearing of this case, on the ground, first, that the writ of error is not in the proper form. That it should require the return of the judgment below, or a return of the proceedings on the indictment, if judgment be thereupon given. And, second, that there is no return of any record of judgment, in the case. He *361claims, for this reason, that the writ should be quashed or set aside, and the conviction affirmed.
These objections are technical, and are without force. There is no prescribed form of a writ of error in…
2Cases cited1 opinion
- The People v. . McMahonNew York Court of Appeals · 1857
3Cited by4 opinions
- People v. SeamanMichigan Supreme Court · 1895
- State v. O'DonnellOregon Supreme Court · 1900
- Manke v. . PeopleNew York Court of Appeals · 1878
- People v. HenryMichigan Supreme Court · 1901