People v. . Fabian
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 15, 1908, which reversed an order of the Court of General Sessions of the Peace in the county of New York sustaining a demurrer to an indictment and overruled such demurrer. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 15, 1908, which reversed an order of the Court of General Sessions of the Peace in the county of New York sustaining a demurrer to an indictment and overruled such demurrer. The facts, so far as material, are stated in the opinion. The word “ convicted ” in article 2, section 2, of the Constitution means the judgment of the court; the sentence imposed by the court is the judgment; there having been no sentence here, there was no judgment; therefore, no conviction. (People ex rel.…
1Opinion of the CourtWillard Bartlett, J.
The indictment charged the defendant with the crime of knowingly voting at an election “ not being qualified therefor.” The alleged disqualification was based on the fact that the voter had previously been indicted for burglary in the first degree and upon his trial therefor a verdict of guilty had been rendered against him, although no judgment was ever entered upon the verdict, sentence having been suspended. The defendant demurred to the indictment upon the ground that the facts stated therein did not constitute a crime, the specific basis of his objection being that a voter has not been “…
2Cases cited5 opinions
- Commonwealth v. GorhamMassachusetts Supreme Judicial Court · 1868
- Commonwealth v. KileyMassachusetts Supreme Judicial Court · 1889
- Faunce v. PeopleIllinois Supreme Court · 1869
- People v. HerrickNew York Supreme Court · 1816
- Schiffer v. . PrudenNew York Court of Appeals · 1876
3Cited by91 opinions
- People v. . MarendiNew York Court of Appeals · 1915
- State v. VasserCourt of Criminal Appeals of Tennessee · 1993
- Helena Rubenstein Internat. v. YoungerCalifornia Court of Appeal · 1977
- People Ex Rel. Marcley v. LawesNew York Court of Appeals · 1930
- State v. CartwrightOregon Supreme Court · 1966
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