People v. Burt

Respondent, having been convicted of murder, was sentenced to twenty years’ imprisonment, and brings error. The Attorney General, on careful consideration of the case, has concluded that he cannot uphold the convic.tion. "We are of the same opinion. But inasmuch as we are to consider whether the prisoner should be retained for further trial or discharged, we are compelled to deal with it far enough to determine that question.

Respondent is charged with murdering one Martin Yan *201Etter on the 18th of October, 1867. the complaint and warrant for bis arrest were made in January, 1879, — between…