People v. Millis
New York Supreme Court
Debt on recognizance. The'declaration alleged that "heretofore, to wit, on, &c. at, &c. one Matthew Kirby was brought before John O. Cole, a justice of the peace and police justice of the city of Albany, charged on the oath of the defendant John Millis, and others, with having assaulted and beaten the said John Millis with a deadly weapon with intent to kill him the said John Millis.
Read the full summary
Debt on recognizance. The'declaration alleged that "heretofore, to wit, on, &c. at, &c. one Matthew Kirby was brought before John O. Cole, a justice of the peace and police justice of the city of Albany, charged on the oath of the defendant John Millis, and others, with having assaulted and beaten the said John Millis with a deadly weapon with intent to kill him the said John Millis. And the said John O. Cole so being such justice of the peace and police justice, after hearing the examination of the said John Millis and the witnesses produced on the part and behalf of the said people, did…
1Opinion of the Court
By the Court, Parker, X
I do not think the recognizance sued on in this case is void by reason of any variance between the language of its condition and the provision of the statute. The magistrate is authorized by the statute to “ bind the prosecutor and all the material witnesses against the prisoner, to appear and testify at the next court having cognizance of the offence, and in which the prisoner may be indicted.” (2 R. S. 2d ed. 592, § 21.) And such is substantially the condition of the recognizance. The addition of the words “ as well to the grand as the petit jury, and not depart the…
2Cases cited1 opinion
- People v. KaneNew York Supreme Court · 1847
3Cited by5 opinions
- People v. RobbMichigan Supreme Court · 1894
- In re Kawahara YasutaroHawaii Supreme Court · 1904
- People v. HickeyNew York Court of Common Pleas · 1874
- Furgison v. StateSupreme Court of Iowa · 1854
- People v. LevyNew York Supreme Court · 1915