Smith v. . the People
New York Court of Appeals
Ebbob to the General Term of the Supreme Court in the first judicial department, to review judgment affirming judgment of the Court of General Sessions of the Peace in and for the city and county of Yew York, convicting plaintiff in error upon an indictment for obtaining property under false pretences. The plaintiff in error was indicted at the May Term of the Court of Oyer and Terminer, 1871, in the city of Yew York, for false pretence.
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Ebbob to the General Term of the Supreme Court in the first judicial department, to review judgment affirming judgment of the Court of General Sessions of the Peace in and for the city and county of Yew York, convicting plaintiff in error upon an indictment for obtaining property under false pretences. The plaintiff in error was indicted at the May Term of the Court of Oyer and Terminer, 1871, in the city of Yew York, for false pretence. By an order of that court, subsequently made, the indictment so presented was transferred to the Court of General Sessions of the Peace in and for the city…
1Opinion of the CourtAllen, J.
Courts of Oyer and Terminer are recognized by the Constitution of 1821 and 1846, but by neither are they constituted or organized, or their jurisdiction and powers declared. The Constitution of 1821 provided for the appointment of a clerk of that court, in and for the city and county of Hew York, and declared that circuit judges should be appointed, who should possess the powers of a justice of the Supreme Court in courts of Oyer and Terminer and general jail delivery. (Const., act 4, § 13; act 5, § 5.) The Constitution of 1846 declares that any one of the justices of the Supreme Court “ may…
2Cases cited4 opinions
- Rumsey v. . the PeopleNew York Court of Appeals · 1859
- People v. LambierNew York Supreme Court · 1847
- Mc'Cartee v. Orphan Asylum SocietyCourt for the Trial of Impeachments and Correction of Errors · 1827
- United Society v. President of Eagle Bank of New-HavenSupreme Court of Connecticut · 1829
3Cited by201 opinions
- Graham & Foster v. GoodcellSupreme Court of the United States · 1931
- People v. RyanNew York Court of Appeals · 1937
- Surace v. DannaNew York Court of Appeals · 1928
- Allen v. . StevensNew York Court of Appeals · 1899
- White v. City of MeadvilleSupreme Court of Pennsylvania · 1896
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