People v. Jewett
New York Supreme Court
Motion to quash indictment. At the general sessions Golden in Monroe in March, 1829, the defendant and one Burragfe Smith were indicted for having with others conspireck without any legal authority or justifiable cause, to carry 0ff and.’ transport one William Morgan to some place Unknown; and that in pursuance and prosecution of such consPiracy> they confined him in a carriage and furnished means fdr his abduction.
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Motion to quash indictment. At the general sessions Golden in Monroe in March, 1829, the defendant and one Burragfe Smith were indicted for having with others conspireck without any legal authority or justifiable cause, to carry 0ff and.’ transport one William Morgan to some place Unknown; and that in pursuance and prosecution of such consPiracy> they confined him in a carriage and furnished means fdr his abduction. The grand jury came into court on the 27th day of March; the foreman, in the presence of the jury, presented the bill of indictment, which was received by clerk of the court,…
1Opinion of the Court
The following opinions were delivered by the court:
Savage, Ch. J.
It is proper, in the first place, to dispose of the motion to quash the certiorari. This was urged on the ground of its being directed to the oyer and terminer instead of the general sessions of Monroe. When the certiorari was allowed, the indictment was in the sessions ; when it was served, it was in the oyer and terminer, in pursuance of an order previously made by the sessions. Being there, the certiorari operated upon it, and produced the result intended by it, to wit, the removal of the indictment into this court. There is…
2Cited by51 opinions
- Rawlins v. StateSupreme Court of Georgia · 1905
- Rawlins v. GeorgiaSupreme Court of the United States · 1906
- State v. HamlinSupreme Court of Connecticut · 1879
- United States v. ReedU.S. Circuit Court for the District of Northern New York · 1852
- Fooshee v. StateCourt of Criminal Appeals of Oklahoma · 1910
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