Vanderwerker v. People
New York Supreme Court
Error from court of special sessions. The defendant xvas convicted of a petit larceny, and removed the proceedings into this court by certiorari. The points raised appear in the opinion delivered by the chief justice. The case was argued by
1Opinion of the Court
By the Court,
Savage, Ch. J.
The first objection taken is that the plaintiff in error was not examined when brought before the magistrate who issued the warrant, and that the complainant did not swear before the magistrate to the commission of a felony. In answer to this objection, it is to be observed that the return of the justices brings in review their proceedings as a court of special sessions, and not the previous proceedings before the justice who issued the warrant. Were those proceedings before us, I should say the justice erred in not pursuing the directions of the statute by…
2Cited by20 opinions
- Gulp, Colorado & Santa Fe Railway Co. v. StateTexas Supreme Court · 1888
- Son v. PeopleNew York Supreme Court · 1834
- State v. PenningtonSupreme Court of Missouri · 1894
- Pulling v. PeopleNew York Supreme Court · 1850
- Lattimore v. PeopleNew York Supreme Court · 1854
15 more not listed; retrieve them via the Exa API.