People v. McCoy
New York Supreme Court
THIS was an action on a recognizance and was tried before Justice Sutherland and a jury, at the October circuit, 1861, in Rensselaer county. The recognizance was taken before the Rensselaer oyer and terminer, and is as follows : “ The People vs. James L. McCoy.
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THIS was an action on a recognizance and was tried before Justice Sutherland and a jury, at the October circuit, 1861, in Rensselaer county. The recognizance was taken before the Rensselaer oyer and terminer, and is as follows : “ The People vs. James L. McCoy. May oyer and terminer, 1860. The prisoner as principal, and Luther J. McCoy as bail, appeared in court, and acknowledged themselves indebted to the people of the state of Mew York, each in the sum of three thousand dollars, to be levied of their respective goods and chattels, land and tenements, to the use of the said people, if…
1Opinion of the Court
By the Court,
Miller, J.
It is contended that the condition of the recognizance has been fulfilled. That the prisoner *76placed himself under the power and control of the court, and in the custody of its officers, by appearing to answer the indictment, and entering upon his trial, and he was thereby surrendered, and the surety became discharged. The condition of the recognizance was not only to appear at the next court of oyer and terminer to answer to an indictment for burglary and larceny, but a,lso that he should “ not depart without leave of the court,” and that he should “ abide its order…
2Cases cited1 opinion
- People v. StagerNew York Supreme Court · 1833
3Cited by6 opinions
- Barnes v. ClementSouth Dakota Supreme Court · 1899
- People ex rel. Smith v. McFarlineAppellate Division of the Supreme Court of the State of New York · 1900
- People v. TornAppellate Division of the Supreme Court of the State of New York · 1906
- People ex rel. Smith v. McFarlineAppellate Division of the Supreme Court of the State of New York · 1900
- People ex rel. Van Aken v. MillhamNew York Supreme Court · 1883
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