Legal Opinion

West v. State

Supreme Court of New Jersey

Decided July 15, 1849PublishedCited by 4 opinions

This cause came up by writ of error to the Burlington Oyer and Terminer, removing therefrom into this court the record of the conviction of Joseph E. West, the plaintiff in error, on an indictment for forgery. With the record carne up a bill of exceptions, signed by virtue of the act of March 9, 1848, (.Pamph.

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This cause came up by writ of error to the Burlington Oyer and Terminer, removing therefrom into this court the record of the conviction of Joseph E. West, the plaintiff in error, on an indictment for forgery. With the record carne up a bill of exceptions, signed by virtue of the act of March 9, 1848, (.Pamph. Laws 272) which was passed after the trial iu this cause, at the November term of the Burlington Oyer in 1817. The first count in the indictment was in the words following: Burlington county, ss. — The grand inquest for the state of New Jersey, in and for the body of the county of B.,…

1Opinion of the Court

The Chief Justice

delivered the opinion of the court.

The numerous errors assigned in this cause consist of three classes. They relate — I. To the formality and sufficiency of the record; II. To the validity of the indictment; III. To the legality of the proceedings upon the trial; and we propose to consider them in the order in which they are stated.

I. The first and second errors assigned to the sufficiency of the record are, that it does not aver that the court at which the trial was had, was held at Mount Holly (the place designated by law), nor that the jurors summoned to try the cause came…

2Cases cited5 opinions

  1. State v. BenhamSupreme Court of Connecticut · 1829
  2. Rowt's adm'x. v. Kile's adm'r.Supreme Court of Virginia · 1829
  3. Jackson ex dem. Bradt v. BrooksNew York Supreme Court · 1832
  4. Kane v. PeopleNew York Supreme Court · 1829
  5. People v. CurlingNew York Supreme Court · 1806

3Cited by4 opinions

  1. State v. ThrunkNew Jersey Superior Court Appellate Division · 1978
  2. Manda v. StateNew Jersey Superior Court Appellate Division · 1953
  3. Storm v. HansenNew Jersey Superior Court Appellate Division · 1956
  4. United States v. LewisDistrict Court, D. Colorado · 1959

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