Legal Opinion

Hartung v. . the People

New York Court of Appeals

Decided March 5, 1863PublishedCited by 18 opinions

Writ of error to the general term of the supreme court of the third judicial district. The decision of the general term is reported 23 How. Pr. R., 314, where the facts are fully stated.

1Opinion of the Court

When the case of the plaintiff in error came before us on a former occasion, she had been convicted of murder, upon a legal trial, and had been sentenced to be executed. This court then reversed the judgment because the legislature had subsequently enacted a statute which forbade the execution of such sentence as that which had been pronounced against her, and had required that such convict should be subjected to imprisonment at hard labor for one year, and, as we construed the legislative intention, should thereafter be executed if the Governor should issue his warrant for such execution. We…

2Cases cited2 opinions

  1. Ely and Others v. . HoltonNew York Court of Appeals · 1857
  2. Shepherd v. . the PeopleNew York Court of Appeals · 1862

3Cited by18 opinions

  1. People v. OliverNew York Court of Appeals · 1956
  2. United States v. Dominick Sabella and Charles LacasciaCourt of Appeals for the Second Circuit · 1959
  3. People v. RoperNew York Court of Appeals · 1932
  4. State v. DavisWest Virginia Supreme Court · 1888
  5. Moore v. StateSupreme Court of New Jersey · 1881

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