People v. . Meakim
New York Court of Appeals
Appeal by defendants, Alexander MeaJdm, Joseph Koch and Edward T. Fitzpatrick, from an order of the general term of the supreme court, in the first department (8 N. Y. Grim. Rep. 308), which reversed an order of the court of oyer and terminer of Sew York county arresting judgment on a verdict of a jury against defendants of willful neglect to perform their duty as excise commissioners of New York city.
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Appeal by defendants, Alexander MeaJdm, Joseph Koch and Edward T. Fitzpatrick, from an order of the general term of the supreme court, in the first department (8 N. Y. Grim. Rep. 308), which reversed an order of the court of oyer and terminer of Sew York county arresting judgment on a verdict of a jury against defendants of willful neglect to perform their duty as excise commissioners of New York city. The defendants were indicted under section 117 of the Penal Code, which provides as follows: “ A public officer, or person holding a public trust or employment, upon whom any duty is enjoined…
1Opinion of the CourtEarl, C.J.
Upon a motion in arrest of judgment the only objections which a defendant can take are to the jurisdiction of the court over the subject of the indictment, and that the facts stated do not constitute a crime (Code of Crim. Pro. §§ 331, 467 ; People v. Buddenseick, 103 N. Y. 487, 5 N. Y. Crim. Rep. 69). It cannot be questioned that the court had jurisdiction of the subject of the indictment, and, therefore, the only question w'hich needs our attention is whether the facts alleged constitute a crime.
It is provided in section 8 of chapter 549 of the Laws of 1873, which amends prior acts, as…
2Cases cited7 opinions
- The People v. . BuddensieckNew York Court of Appeals · 1886
- People v. StevensNew York Supreme Court · 1835
- Peo. Ex Rel. Garbutt v. . R. and S.L.R.R. Co.New York Court of Appeals · 1879
- Blatchley v. Moser & BarkerlooNew York Supreme Court · 1836
- People ex rel. Welling v. MeakinNew York Supreme Court · 1890
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3Cited by35 opinions
- Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
- People v. . JacksonNew York Court of Appeals · 1908
- People v. . WiechersNew York Court of Appeals · 1904
- People v. SnyderAppellate Division of the Supreme Court of the State of New York · 1904
- People v. DarraghAppellate Division of the Supreme Court of the State of New York · 1910
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