The People v. . Bork
New York Court of Appeals
Motiok to dismiss a writ of error. (Reported below, 16 Hun, 476.) The material facts are stated in the opinion. The decision of the court on the motion in arrest of judgment is not a part of the record or subject to review in this court.
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Motiok to dismiss a writ of error. (Reported below, 16 Hun, 476.) The material facts are stated in the opinion. The decision of the court on the motion in arrest of judgment is not a part of the record or subject to review in this court. (2 R. S., 736, § 26; People v. Allen, 43 N. Y., 31; People v. Thompson, 41 id., 4; Keefe v. People, 40 id., 348.) Motion in arrest of judgment can be made any time before sentence, and any defect in the indictment not cured by the verdict can be examined on such motion. (1 Colby Cr. L., 386; 1 Arch. C. P. & P., 671 and notes ; State v. Grove, 34 N. H, 510;…
1Opinion of the CourtDanfobth, J.
At a Court of Sessions held in Erie county January, 1876, the defendant was indicted for embezzlement. Pie pleaded not guilty, and the indictment was sent to the Oyer and Terminer, where he was tried and convicted. A case with exceptions was settled, and motion thereon for a new trial denied. A motion was also made to quash the indictment; it was entertained by the court, but denied. Sentence was suspended, and there was no judgment in the Oyer and Terminer. On the 5th of December, 1877, a writ of certiorari was duly issued and allowed, and the proceedings removed into the Supreme Court.…
2Cases cited5 opinions
- The People v. . BennettNew York Court of Appeals · 1872
- Manke v. . PeopleNew York Court of Appeals · 1878
- The People v. . CorningNew York Court of Appeals · 1848
- Hill v. . the PeopleNew York Court of Appeals · 1853
- Hartung v. . the PeopleNew York Court of Appeals · 1862
3Cited by23 opinions
- United States v. SangesSupreme Court of the United States · 1892
- Miller v. AderholdSupreme Court of the United States · 1933
- People v. CioffiNew York Court of Appeals · 1956
- Birnbaum v. United StatesCourt of Appeals for the Fourth Circuit · 1939
- United States v. LecatoCourt of Appeals for the Second Circuit · 1928
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