Legal Opinion

Sherwin v. . People

New York Court of Appeals

Decided November 24, 1885PublishedCited by 22 opinions

Writs of error and appeals to review judgments of the General Term of the Supreme Court, Third Department, of December 15, 1884, affirming convictions of the defendant in the Albany Oyer and Terminer.* The people also brought error from one of the same judgments, so far as it affirms an order granting leave to make and serve a bill of exceptions, and denies a motion to strike same from the record.

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Writs of error and appeals to review judgments of the General Term of the Supreme Court, Third Department, of December 15, 1884, affirming convictions of the defendant in the Albany Oyer and Terminer.* The people also brought error from one of the same judgments, so far as it affirms an order granting leave to make and serve a bill of exceptions, and denies a motion to strike same from the record. The facts to be considered are as follows: Three indictments were found against defendant Sherwin in the Court of Sessions of Albany county, at the June Term, 1874. The three indictments each…

1Opinion of the CourtMiller, J.

The defendant was convicted on an indictment for contempt in . disobeying a subpoena issued by the district attorney of Albany county in a criminal case, and he pleaded guilty to two other indictments of the same character. He was sentenced for each of the offenses charged, and the question now presented involves the validity of these indictments. If the indictments did not impute to the defendant a criminal offense, in violation of the statute of this state (and were defective in charging such offense) then they are insufficient to sustain a verdict of guilty, or a sentence after conviction,…

2Cases cited1 opinion

  1. People, Ex Rel. Sherwin v. . MeadNew York Court of Appeals · 1883

3Cited by22 opinions

  1. Harris v. . ElliottNew York Court of Appeals · 1900
  2. People Ex Rel. Drake v. . AndrewsNew York Court of Appeals · 1909
  3. Feinberg v. KutcoskyAppellate Division of the Supreme Court of the State of New York · 1911
  4. Fromme v. GrayNew York Court of Common Pleas · 1895
  5. People v. BellNew York County Court, Montgomery County · 1914

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