Legal Opinion

People v. . O'Neil

New York Court of Appeals

Decided April 10, 1888PublishedCited by 34 opinions

Appeal by defendant, John O’Neill, from a judgment of the General Terrti of the Supreme Court, of the First Department, of June 20, 1887, which affirmed a judgment of the Court of Oyer and Terminer, Hon. George C. Babbett, presiding, of February 11, 1887, entered upon the conviction of defendant of bribery. In" the report of the case at the general term, 5 R. Y. Grim. Rep. 302, the facts, indictment, and briefs of counsel have been fully given, and need not be here repeated.

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Appeal by defendant, John O’Neill, from a judgment of the General Terrti of the Supreme Court, of the First Department, of June 20, 1887, which affirmed a judgment of the Court of Oyer and Terminer, Hon. George C. Babbett, presiding, of February 11, 1887, entered upon the conviction of defendant of bribery. In" the report of the case at the general term, 5 R. Y. Grim. Rep. 302, the facts, indictment, and briefs of counsel have been fully given, and need not be here repeated. In the report of the Sharp case there is given (5 R. Y. Grim. Rep. 393-419), a full account of the transactions out of…

1Opinion of the CourtAttdbews, J.

In the case of People v. Jaehne (103 N. Y. 182; 4 N. Y. Crim. Rep. 478), it was held that the crime of bribery committed by a member of the Common Council of the city of Flew York, subsequent to December 1, 1882, was punishable under section 72 of the Penal Code. This construction necessarily involved the conclusion that section 100 of the Charter of 1873, in force prior to December 1, 1882, being the bribery section of the charter, was repealed by the taking effect on that day of the Penal Code, so far as it was in conflict with any of the provisions of section 72. That section increased the…

2Cases cited3 opinions

  1. The People v. . JaehneNew York Court of Appeals · 1886
  2. Deering v. . MetcalfNew York Court of Appeals · 1878
  3. People v. PetmeckyNew York Court of Appeals · 1885

3Cited by34 opinions

  1. People v. . McQuadeNew York Court of Appeals · 1888
  2. People v. HinesNew York Court of Appeals · 1940
  3. Stone v. StateSupreme Court of Georgia · 1903
  4. Robert Dollar Co. v. Canadian Car & Foundry Co.New York Court of Appeals · 1917
  5. In re Seizure of 7 Barrels of WineSupreme Court of Florida · 1920

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