Wood v. . People of the State of N.Y.
New York Court of Appeals
Error to the General Term of the Supreme- Court in the first judicial department to review judgment affirming a judgment of the Court of General Sessions of the Peace in and' for the city and county of New York, entered upon a verdict convicting plaintiff in error of the crime of grand larceny.
Read the full summary
Error to the General Term of the Supreme- Court in the first judicial department to review judgment affirming a judgment of the Court of General Sessions of the Peace in and' for the city and county of New York, entered upon a verdict convicting plaintiff in error of the crime of grand larceny. The indictment charged a former conviction for grand larceny, a sentence thereon to State prison, and then alleged that the accused had “ been duly discharged and remitted of such judgment and conviction.” Upon the trial, proof was given by the' prosecution of the former conviction and sentence, hut no…
1Opinion of the CourtAllen, J.
An essential ingredient of the aggravated offence charged upon the accused was that the alleged felony was committed after a former conviction of an offence punishable by imprisonment in a State prison, and a discharge “ either upon being pardoned, or upon the expiration of his sentence,” upon such conviction. (2 R. S., 699, § 8.)
The discharge in one of the ways mentioned in the statute is a fact as material and as necessary to be alleged as was the prior conviction. Both enter into and make a part of the offence of which the accused was convicted. The indictment would have been defective,…
2Cases cited1 opinion
- People v. LambierNew York Supreme Court · 1847
3Cited by42 opinions
- People v. . SicklesNew York Court of Appeals · 1898
- Singer v. United StatesCourt of Appeals for the Third Circuit · 1922
- State v. SmithSupreme Court of Iowa · 1906
- State v. BrinkleySupreme Court of Missouri · 1946
- Apprendi v. New JerseySupreme Court of the United States · 2000
37 more not listed; retrieve them via the Exa API.