People v. McKane
New York Supreme Court
Upon an ex parte application, counsel for the defendant have submitted affidavits verified February 27,1894, made by Hr.
Read the full summary
Upon an ex parte application, counsel for the defendant have submitted affidavits verified February 27,1894, made by Hr. Roderick; the original order made by Justice Cullen February nineteenth, which ordered a hearing before him on the twenty-third of February, with a stay of the execution of the judgment until the hearing and decision of the application; a copy of the opinion rendered by him denying the application for a certificate; also, a copy of the indictment and the brief used by counsel on the argument of that motion.
1Opinion of the CourtHardin, J.
Chapter 1 of title 11 of the Code ©f Criminal Procedure authorizes the defendant to appeal from the jndgment rendered against him “ as a matter of right.” See Code Crim. Proc. § 520. Section 527 provides that a stay of the execution of the judgment shall be had provided there is filed “ a certificate of the judge who presided at the trial, or of a *372justice of the Supreme Court, that in his opinion there is reasonable doubt whether the judgment should stand, but not otherwise.”
In People v. Wentworth, 3 N. Y. Crim. Rep. 111, I had occasion, to some extent, to state the rules which should be…
2Cases cited3 opinions
- Harris v. ClarkNew York Supreme Court · 1848
- Speyer v. ColgateNew York Supreme Court · 1875
- Village of Warren v. PhilipsNew York Supreme Court · 1860