People v. Trimble
New York Supreme Court
Appeal from,court of sessions, Niagara county. Indictment against William Trimble for larceny in the first degree. Defendant pleaded a former conviction, and the jury rendered a verdict “for the people.” The court then allowed defendant to file a plea of “not guilty” to the indictment, and fixed a day for the trial of defendant on that plea, which, was thereafter had, and from a judgment of conviction then rendered defendant appeals. Code Crim. Proc.
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Appeal from,court of sessions, Niagara county. Indictment against William Trimble for larceny in the first degree. Defendant pleaded a former conviction, and the jury rendered a verdict “for the people.” The court then allowed defendant to file a plea of “not guilty” to the indictment, and fixed a day for the trial of defendant on that plea, which, was thereafter had, and from a judgment of conviction then rendered defendant appeals. Code Crim. Proc. N. Y. §471, provides: “After a verdict against the defendant on a plea of a former conviction or acquittal, if the judgment be not arrested or a…
1Opinion of the CourtDwight, P. J.
The indictment was found in the oyer and terminer, and the defendant, being arraigned in that court, pleaded only a former conviction of the crime charged. Code Crim. Proc. § 332. The case was then sent to the court of sessions, where the sole issue joined, as above, was tried by a jury, and a verdict was rendered “for the people.” This was, by definition of the Code of Criminal Procedure, a general verdict, (section 437,) and, under the provisions of sections 453 and 471 of the same statute, it was the duty of the court thereupon to appoint a time for, and at such time to pronounce judgment…
2Cited by2 opinions
- People v. DavisNew York Supreme Court · 1892
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