The People v. . Allen
New York Court of Appeals
Error to the General Term of the Supreme Court in the first judicial department, to bring up for review the reversal by that court of a conviction (on the 27th of November, 1869) of the defendant in error, of grand larceny, in the court of General Sessions for the city and county of New York, Bed-ford, city judge, presiding.
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Error to the General Term of the Supreme Court in the first judicial department, to bring up for review the reversal by that court of a conviction (on the 27th of November, 1869) of the defendant in error, of grand larceny, in the court of General Sessions for the city and county of New York, Bed-ford, city judge, presiding. The charge was for stealing money from the pockets of one Smith, while the latter was iu bed with two women of the town, at a house in Howard street, Hew York. The money was taken by some one entering the room, while he was in bed with the two women. The pocket-book and…
1Opinion of the CourtAndrews, J.
The special plea, founded upon the alleged illegal organization of the grand jury, which found the indictment, was overruled by the court, on the ground that it should have been interposed before the plea to the merits.
When it was offered, the plea of not guilty had been entered, and several jurors had been impaneled and sworn.
The prisoner had waived his right to take advantage by plea of the alleged defect, and the refusal of the court to entertain it at that stage of the proceedings was in its discretion, and was not the subject of exception. (2 Hale, 155; 1 Bishop’s Cr. Pro., §440; 1…
2Cases cited2 opinions
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- People v. VermilyeaNew York Supreme Court · 1827
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- Greenfield v. . PeopleNew York Court of Appeals · 1878
- Long v. StateIndiana Supreme Court · 1874
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