Barthelemy & De Bouillon v. People
New York Supreme Court
On error from the general sessions of the city and county of Nevv-York. Barthelemy and De Bouillon, plaintiffs in error, together with one John Collon, were convicted before the general sessions of the city and comity of New-York, in June, 1840, on an indictment, the first count of which charged a conspiracy to publish a libel with a view to extort money from the Rev. A. Yerren, a clergyman in the city of New-York, and the second count charged the simple publication of the…
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On error from the general sessions of the city and county of Nevv-York. Barthelemy and De Bouillon, plaintiffs in error, together with one John Collon, were convicted before the general sessions of the city and comity of New-York, in June, 1840, on an indictment, the first count of which charged a conspiracy to publish a libel with a view to extort money from the Rev. A. Yerren, a clergyman in the city of New-York, and the second count charged the simple publication of the libel. The court thereupon sentenced Barthelemy to imprisonment in the penitentiary for nine months, and De Bouillon to…
1Opinion of the Court
By the Court,
Cowen, J.
To the preliminary objection raised by the district attorney, viz. the writ of error must fail, because it appears on the face of the record that the term of confinement in the penitentiary to which the plaintiffs in error were sentenced has elapsed, and so the sentence passed upon them by the court below satisfied, there are two answers. They were not only sentenced to imprisonment, but each was also fined ; and it is not apparent on the record that the fine of either has been paid. If it were necessary, therefore, to warrant their calling on this court for a reversal,…
2Cases cited5 opinions
- Philadelphia & Trenton Railroad v. StimpsonSupreme Court of the United States · 1840
- Root v. StuyvesantNew York Supreme Court · 1837
- Lovell v. EvertsonNew York Supreme Court · 1814
- Commonwealth v. ChabbockMassachusetts Supreme Judicial Court · 1804
- Smith v. SuttsNew York Supreme Court · 1806