People v. . Camp
New York Court of Appeals
The defendant was indicted, tried and'convicted in the Cayuga, 'county oyer and terminer for the crime of kidnapping. He appealed to the general term-of the supreme court, where the conviction was reversed, and he was discharged. The People then, appealed to this court. The facts appear sufficiently in the-opinion.
1Opinion of the CourtEarl, J.
We think the court below could, under section 527" of the Code of Criminal Procedure, properly have reversed this. conviction on the ground that the verdict was against the weight of evidence, or that justice required a new trial. But if it had reversed the conviction upon either of these grounds, or for any other errors which could be obviated or corrected upon a new trial, instead of discharging the defendant, it should have ordered a new trial. Code Crim. Pro. § 543; People v. Phillips, 42 N. Y. 200. Therefore, to uphold the decision of the general term discharging the defendant, we must…
2Cases cited1 opinion
- The People v. . PhillipsNew York Court of Appeals · 1870
3Cited by22 opinions
- Doss v. StateSupreme Court of Alabama · 1929
- People v. FlorioNew York Court of Appeals · 1950
- Doss v. StateAlabama Court of Appeals · 1929
- People v. HopeNew York Court of Appeals · 1931
- State v. BerryWashington Supreme Court · 1939
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