People v. Montgomery
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Harvey D. Montgomery, from so much of an order of the Supreme Court, made at the Otsego Trial Term and entered in the office óf the cleric of the county of Otsego on the 7th day of May, 1904, as provides “ that no sum or amount whatever be paid to, the said (defendant’s) counsel- for the services rendered by them on the said second trial on. the ground that there is no authority therefor.”
Read the full summary
Appeal by the defendant, Harvey D. Montgomery, from so much of an order of the Supreme Court, made at the Otsego Trial Term and entered in the office óf the cleric of the county of Otsego on the 7th day of May, 1904, as provides “ that no sum or amount whatever be paid to, the said (defendant’s) counsel- for the services rendered by them on the said second trial on. the ground that there is no authority therefor.” The defendant was tried for the crime of murder in the first" degree at a Trial Term of the Supreme Court held in the county of Delaware, over which Mr. Justice Sewell presided.…
1Opinion of the Court
Smith, J.:.The' determination of this appeal rests upon the construction of section 308 of the Code of Criminal Procedure. This section requires the court to assign counsel for the defense of an indigent criminal who desires the aid of counsel, and it further provides:
“ When services are rendered' by counsel in' pursuance of such assignment in a case where the offense charged in the indictment is punishable by death or on an appeal from a judgment of death, ’ the court in which the defendant is tried or the action or indictment is otherwise disposed of, or by which the appeal is finally…
2Cases cited1 opinion
- People v. . FerraroNew York Court of Appeals · 1900
3Cited by2 opinions
- People ex rel. McAgoy v. PrendergastNew York Supreme Court · 1910
- Commonwealth v. JohnsonSupreme Court of Pennsylvania · 1963