People v. . Clements
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made January 4,1887, which reversed a judgment of the Court of Oyer and Terminer, in and for the county of Washington, entered upon a verdict convicting the defendant of the crime of perjury and directing a discharge of the defendant. (Reported below, 42 Hun, 353.) The substance of the indictment and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made January 4,1887, which reversed a judgment of the Court of Oyer and Terminer, in and for the county of Washington, entered upon a verdict convicting the defendant of the crime of perjury and directing a discharge of the defendant. (Reported below, 42 Hun, 353.) The substance of the indictment and the material facts are stated in the opinion. But one crime is charged in the indictment within the provisions of the Code of Criminal Procedure. (Code Crim. Pro. §§ 278,279, 285…
1Opinion of the CourtRapallo, J.
The judgment of the General Term in this case, not only reversed the conviction in the Oyer and Terminer but discharged the defendant. A new trial was not ordered because the court was of opinion that'the indictment was fatally defective, and that a valid conviction could not be had thereon. While we concur in the conclusion of the General Term, for the reason stated in its opinion that the record discloses errors committed upon the trial, authorizing a reversal of the conviction, we do not agree to the further conclusion that the indictment was so defective that a conviction thereon could…
2Cases cited1 opinion
- Marie v. . GarrisonNew York Court of Appeals · 1880
3Cited by13 opinions
- Gray v. StateCourt of Criminal Appeals of Oklahoma · 1910
- People v. . LowndesNew York Court of Appeals · 1892
- State v. KingOregon Supreme Court · 1940
- People v. GreggNew York Supreme Court · 1891
- State v. GallaugherSupreme Court of Iowa · 1904
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