Legal Opinion

Board of Supervisors v. State

New York Court of Appeals

Decided June 8, 1897PublishedCited by 38 opinions

Appeal taken in behalf of the state from an award of the Board of Claims, made December 21, 1887, against the state in favor of the county of Cayuga. The material facts are as follow's : In the years 1873 to 1877, inclusive, several convicts in the state prison at Auburn were indicted and tried in the county of Cayuga for crimes committed in the prison.

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Appeal taken in behalf of the state from an award of the Board of Claims, made December 21, 1887, against the state in favor of the county of Cayuga. The material facts are as follow's : In the years 1873 to 1877, inclusive, several convicts in the state prison at Auburn were indicted and tried in the county of Cayuga for crimes committed in the prison. In three of the cases the indictments were for murder in the first degree; in two of them the defendants were convicted of the crime charged, and after appeals had been taken and the convictions affirmed, were executed. In the other case the…

1Opinion of the Court

Andbews, Oh. J.

By the law of England and of the American states indictable offenses are to be' tried, subject to certain exceptions, within the county in which they were committed. In this state from an early period the state has assumed the expense of maintaining the judiciary of the state other than judges of local courts, but the expense incurred in the arrest, indictment and prosecution of offenders other than the expense of maintaining the judges has been imposed by statute upon the several counties where the proceedings were had and made a county charge. (1 Rev. Laws, 499, § 17; 1 Rev.…

2Cases cited6 opinions

  1. Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
  2. Town of Guilford v. . the Supervisors of Chenango CountyNew York Court of Appeals · 1855
  3. Cole v. . the State of New YorkNew York Court of Appeals · 1886
  4. People Ex Rel. Canajoharie National Bank v. Board of SupervisorsNew York Court of Appeals · 1876
  5. O'Hara v. . State of New YorkNew York Court of Appeals · 1889

1 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Guaranty Trust Co. v. United StatesSupreme Court of the United States · 1938
  2. Oswego Syracuse R.R. Co. v. . StateNew York Court of Appeals · 1919
  3. Matter of Chapman v. . City of New YorkNew York Court of Appeals · 1901
  4. Schulz v. State of New YorkNew York Court of Appeals · 1994
  5. Munro v. . State of New YorkNew York Court of Appeals · 1918

33 more not listed; retrieve them via the Exa API.

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