Hayen v. People
New York Supreme Court
This was a writ of error to the court of Sessions of Livingston County. The plaintiff in error was indicted in the Sessions in March 1854, for arson of a barn, in the night time. He was tried upon the indictment in the same court in September following, when he was convicted, and adjudged to be imprisoned in the State prison at Auburn for the term of seven years and six months.
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This was a writ of error to the court of Sessions of Livingston County. The plaintiff in error was indicted in the Sessions in March 1854, for arson of a barn, in the night time. He was tried upon the indictment in the same court in September following, when he was convicted, and adjudged to be imprisoned in the State prison at Auburn for the term of seven years and six months. The writ of error commanded the court below to send the record of the judgment with all things concerning the same. The return to the writ contained a transcript of the record of conviction, and the judgment of the…
1Opinion of the Court
By the Court, Welles, J.
Before proceeding to the consideration of the sufficiency of the matters alleged in diminution, as presenting errors for which the judgment of the court below should be reversed, it is proper to dispose of the question of practice as to the effect of the plea of the defendants in error in the case before us.
There is, no doubt, as a general rule, that in civil cases, the plea in nullo est erratum admits the facts stated in an assignment of errors of fact, which facts are outside the record. (Graham's Pr., 789, 1st ed.; 957, 2d ed., and authorities there cited.)
It is…
2Cases cited1 opinion
- Pelletreau v. JacksonNew York Supreme Court · 1831