Klock v. People
New York Supreme Court
This was a writ of error to the Jefferson county Sessions. The plaintiff in error was indicted in the court of Sessions of Jefferson county, for the crime of arson in the third degree. At the February term of that court (1853,) a jury was impanneled for the trial of the indictment upon the plea of not guilty, and evidence given of the offence and of circumstances tending to establish the guilt of the accused.
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This was a writ of error to the Jefferson county Sessions. The plaintiff in error was indicted in the court of Sessions of Jefferson county, for the crime of arson in the third degree. At the February term of that court (1853,) a jury was impanneled for the trial of the indictment upon the plea of not guilty, and evidence given of the offence and of circumstances tending to establish the guilt of the accused. Towards the close of the evidence on the part of the prosecution, the court upon the objection of the counsel for the prisoner, ruled that a certain fact sought to be proved by the…
1Opinion of the Court
By the Court, W. F. Allen, J.
The objection upon which the plaintiff in error relies to the further prosecution of the indictment was not necessarily taken by plea, but might have been taken by way of exception to a second trial or by, a motion in arrest of judgment; and as there has been no technical trial resulting in a verdict and judgment, on which a plea of autrefois acquit or convict can be based, it may be doubtful whether the objection can be taken by plea. It might also have been objected that the record showing merely a decision of the demurrer by the court below without a judgment…
2Cases cited4 opinions
- United States v. PerezSupreme Court of the United States · 1824
- United States v. CoolidgeU.S. Circuit Court for the District of Massachusetts · 1815
- People v. BarrettNew York Supreme Court · 1805
- Malcom & Gaul v. LoveridgeNew York Supreme Court · 1851
3Cited by4 opinions
- People Ex Rel. Stabile v. . Warden, Etc.New York Court of Appeals · 1911
- People v. ColonNew York Court of General Session of the Peace · 1959
- People v. FreistadtNew York Supreme Court · 1960
- People v. LyonNew York Supreme Court · 1884