People v. White
Court for the Trial of Impeachments and Correction of Errors
The prisoner was convicted in July, 1839, at the New-York oyer and terminer, of the murder of one Peter Fitzpatrick. The first count of the indictment charged, that the prisoner, on the 13th of February, 1839, with force and arms, &c. at the first ward of the city of New-York, in and upon Fitzpatrick, feloniously, wilfully and of his malice aforethought, and from a premeditated design to effect the death of Fitzpatrick, did make an assault; and with a certain knife, &c. in…
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The prisoner was convicted in July, 1839, at the New-York oyer and terminer, of the murder of one Peter Fitzpatrick. The first count of the indictment charged, that the prisoner, on the 13th of February, 1839, with force and arms, &c. at the first ward of the city of New-York, in and upon Fitzpatrick, feloniously, wilfully and of his malice aforethought, and from a premeditated design to effect the death of Fitzpatrick, did make an assault; and with a certain knife, &c. in and upon the groin of Fitzpat- [ *521 ] rick, feloniously, *ivilfully and of his malice aforethought and from a…
1Opinion of the Court
After advisement, the following opinion was delivered :
By the Court,
Bronson, J.
The questions arising on the bill of exceptions were considered when this case was before us on a former occasion. 22 Wendell, 167. Those points are now only made pro forma, and we have nothing to add in relation to them.
The only question mentioned on the argument, was one in relation to the organization of the courts before which the prisoner was indicted and tried. It is insisted on his behalf that the aldermen of the city of New-York could not rightfully sit in those courts. It is not denied that the aldermen…
2Cases cited13 opinions
- Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
- Wilcox v. SmithNew York Supreme Court · 1830
- People v. RectorNew York Supreme Court · 1838
- Root v. StuyvesantNew York Supreme Court · 1837
- People v. EnochCourt for the Trial of Impeachments and Correction of Errors · 1834
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3Cited by44 opinions
- Nichols v. . MacLeanNew York Court of Appeals · 1886
- Sprowl v. LawrenceSupreme Court of Alabama · 1859
- State v. McCormickSupreme Court of Iowa · 1869
- Weatherford v. StateCourt of Criminal Appeals of Texas · 1893
- Mallett v. Uncle Sam Gold & Silver Mining Co.Nevada Supreme Court · 1865
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