Armstrong v. . People
New York Court of Appeals
Error to the General Term of the Supreme Court in the fourth judicial department, affirming a judgment entered upon a verdict convicting plaintiff' in error of the crime of seduction under promise of marriage, under chap. Ill, Laws of 1848. . The indictment contained five counts, charging the same offence. At the close of the evidence, on the part of the prosecution, the prisoner’s counsel requested that the prosecution be required to elect on which count they would rely.
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Error to the General Term of the Supreme Court in the fourth judicial department, affirming a judgment entered upon a verdict convicting plaintiff' in error of the crime of seduction under promise of marriage, under chap. Ill, Laws of 1848. . The indictment contained five counts, charging the same offence. At the close of the evidence, on the part of the prosecution, the prisoner’s counsel requested that the prosecution be required to elect on which count they would rely. The motion was denied, and exception duly taken. The prosecutrix was permitted to testify, under objection and exception,…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] We will consider the points made by the plaintiff in error,seriatim.
First. The motion to compel the people to elect on which count of the indictment they would rely was properly denied. The indictment, in each of its counts, charged but one and the same offence, with such variations of allegation as were prudentially fitted to meet…
2Cases cited2 opinions
- Kenyon v. . the PeopleNew York Court of Appeals · 1863
- Boyce v. . People of the State of New YorkNew York Court of Appeals · 1873
3Cited by51 opinions
- State v. ReevesSupreme Court of Missouri · 1888
- Collins v. StateCourt of Criminal Appeals of Texas · 1915
- People v. . JohnsonNew York Court of Appeals · 1887
- State v. . MaloneeSupreme Court of North Carolina · 1910
- Ferguson v. StateMississippi Supreme Court · 1894
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