People v. Butler
New York Supreme Court
At the last Oyer and Terminer of Oneida, the defendant was convicted on an indictment, which set forth, that, on the 9March, 1824, at &c. a certain indictment was found and presented, in due form of law, in the Court of General Sessions of the Peace, then and there held before Truman Enos and Samuel Jones, Esquires, Judges of the County Court, in and for said county, and Uriah Stephens, Esquire, one of the Justices of the Peace of said county, and others their associates,…
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At the last Oyer and Terminer of Oneida, the defendant was convicted on an indictment, which set forth, that, on the 9March, 1824, at &c. a certain indictment was found and presented, in due form of law, in the Court of General Sessions of the Peace, then and there held before Truman Enos and Samuel Jones, Esquires, Judges of the County Court, in and for said county, and Uriah Stephens, Esquire, one of the Justices of the Peace of said county, and others their associates, all Justices assigned to keep the peace, and also to hear and determine, &c. by the first count of which said indictment,…
1Opinion of the Court
Curia,
per Savage, Ch. J.
The language of this statute, upon which we are asked to put a construction, has prevailed in various acts, through a series of revisáis, and in relation to different offences. The statutes providing for the punishment of second offences, are worded differently; some of them declaring, “ that every person who shall be a second time duly convicted or attainted of any of the said felonies committed after the said first conviction /” (act of 2.6th March, 1796, 3 Greenleaf, 160, s, 2;) sometimes, “shall be a second time, or oftener, duly convicted, or attainted,” &c. (id.…
2Cited by3 opinions
- Norton v. StateMississippi Supreme Court · 1887
- Boynton v. Circuit JudgeMichigan Supreme Court · 1891
- People v. RosenAppellate Division of the Supreme Court of the State of New York · 1912