People v. . Gaffey
New York Court of Appeals
Appeal from a judgment entered November 23, 1904, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, which reversed a judgment of the Onondaga County Court rendered upon a verdict convicting the defendant of the crime of forgery in the second degree, and an order denying a motion, for a new trial and granted a new trial. The facts, so far as material, are stated in the opinion.
1Opinion of the Court
O’Brien, J.:
The defendant was indicted for forgery in the second degree and convicted by the jury, but the Appellate Division has reversed the judgment upon an exception taken at the trial and has granted a new trial.
The order of reversal states that it was made upon questions of law only, the facts having been examined and no error found therein.
If the limitations upon appeals to this court prescribed by the Constitution and the Code apply to criminal cases, then this court has no jurisdiction to review this case. It has no power either to affirm or reverse the judgment, but should dismiss…
2Cases cited4 opinions
- People v. . MillerNew York Court of Appeals · 1902
- State v. HendersonWest Virginia Supreme Court · 1886
- Mundt v. . GloknerNew York Court of Appeals · 1899
- People v. . WeaverNew York Court of Appeals · 1904
3Cited by13 opinions
- People v. SchwartzmanNew York Court of Appeals · 1969
- People v. FioreNew York Court of Appeals · 1974
- People v. JacksonNew York Court of Appeals · 1976
- People v. DalesNew York Court of Appeals · 1955
- People v. CrumNew York Court of Appeals · 1936
8 more not listed; retrieve them via the Exa API.