McCann v. People
New York Supreme Court
Error to the Albany Oyer and Terminer. The defendant had been indicted for the murder of his wife, and, upon being arraigned, had pleaded not guilty to the indictment. The issue was tried at the Albany Oyer and Terminer, in November, 1856, before Mr. Justice Gould and the associate justices.
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Error to the Albany Oyer and Terminer. The defendant had been indicted for the murder of his wife, and, upon being arraigned, had pleaded not guilty to the indictment. The issue was tried at the Albany Oyer and Terminer, in November, 1856, before Mr. Justice Gould and the associate justices. On the trial, the killing of the deceased by the prisoner, on the morning of the 8th day of July, 1856, was not controverted, but the defence rested entirely on the ground that the prisoner was in a state of insanity at the time the homicide was committed. Many witnesses were sworn and examined on the…
1Opinion of the CourtHarris, J.
The mode of proceeding upon a writ of error, in a criminal case, is prescribed and governed by the provisions of the Revised Statutes relating to writs of error on judgments and certioraris in criminal cases. (2 R. S., 739.) The clerk is required, upon the writ being filed, to make a return thereto, and the contents of this return are specified. It must contain “ a transcript of the indictment, bill of exceptions and judgment of the court, certified by the clerk thereof.” The court of review is required, without assignment of error or joinder in error, to proceed on the return and render…
2Cases cited5 opinions
- Freeman v. PeopleNew York Supreme Court · 1847
- People v. M'KayNew York Supreme Court · 1820
- West v. SmithSupreme Court of the United States · 1850
- Lambert v. PeopleNew York Supreme Court · 1827
- Pelletreau v. JacksonNew York Supreme Court · 1831
3Cited by2 opinions
- State v. PunshonSupreme Court of Missouri · 1894
- Patten v. N. Y. Elevated RailroadNew York Court of Common Pleas · 1876