Leighton v. People
New York Supreme Court
Writ of error to the New York court of oyer and terminer to review the conviction of Augustus D. Leighton, of the crime of murder in the first degree. The indictment was found in the court of general sessions of the peace of the city and county of New York, and subsequently, but at what time it does not appear by the record, was sent to the court of oyer and terminer for trial. Further facts sufficiently appear from the opinion.
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Writ of error to the New York court of oyer and terminer to review the conviction of Augustus D. Leighton, of the crime of murder in the first degree. The indictment was found in the court of general sessions of the peace of the city and county of New York, and subsequently, but at what time it does not appear by the record, was sent to the court of oyer and terminer for trial. Further facts sufficiently appear from the opinion. I. The court of general sessions only has authority when about to adjourn, to send an indictment to the next court of oyer and terminer (3 R. S. [5 ed.] 303, §§ 6,…
1Opinion of the CourtDaniels, J.
The indictment was found in the court of general sessions of the county of Hew York, and by that court ordered into the court of oyer and terminer for the same county, where the prisoner was tried upon it. Before the trial was commenced, the objection was raised by his counsel, that the court of sessions could not, by its ex parte order, and without notice, send the indictment to the court of oyer and terminer. And an application was at the same time made on his behalf, for an order directing it to be returned again to the court of sessions, for trial before that tribunal. Two reasons were…
2Cases cited14 opinions
- Nye v. PeopleMichigan Supreme Court · 1876
- Craft v. StateSupreme Court of Kansas · 1866
- State v. MillainNevada Supreme Court · 1867
- Buel v. . the PeopleNew York Court of Appeals · 1879
- The People v. . ClarkNew York Court of Appeals · 1852
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3Cited by4 opinions
- People v. BruntNew York Supreme Court · 1887
- People v. MajoneNew York Supreme Court · 1882
- People v. BeckwithNew York Court of Appeals · 1889
- People v. ConroyNew York Supreme Court · 1884