Burns v. People
New York Supreme Court
Error to the recorder’s court of the city of Buffalo. The plaintiffs in error and one Michael Tracy were indicted at the recorder’s court in March, 1847, for manslaughter, in killing one Clark Cromb, by blows inflicted on him the 19th day of February, 1847, of which injuries he died on the 9th day of March, 1847. Burns and Cary, on being arraigned, pleaded separately, in bar, that they were, on the 20th day of February, 1847, arrested by virtue of a warrant issued by a…
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Error to the recorder’s court of the city of Buffalo. The plaintiffs in error and one Michael Tracy were indicted at the recorder’s court in March, 1847, for manslaughter, in killing one Clark Cromb, by blows inflicted on him the 19th day of February, 1847, of which injuries he died on the 9th day of March, 1847. Burns and Cary, on being arraigned, pleaded separately, in bar, that they were, on the 20th day of February, 1847, arrested by virtue of a warrant issued by a justice of the peace, on the complaint of Clark Cromb, for an assault and battery committed upon him on the 19th day of…
1Opinion of the Court
By the Court,
Marvin, J. —
It is insisted by the plaintiffs in error, that they bring themselves within the provision of the constitution, that “ no person shall be subject to be twice put in jeopardy for the same offence.” This provision is a fundamental maxim in criminal jurisprudence. It is derived from *184the ancient and well established principles of the common law, and was ratified by magna charta. When' this principle is appealed to, as a bar to further proceedings, in a criminal prosecution, the inquiry always arises, has the party in fact been put in jeopardy for the same offence"? To…
2Cases cited1 opinion
- Commonwealth v. BowdenMassachusetts Supreme Judicial Court · 1813
3Cited by13 opinions
- Potsdamer v. StateSupreme Court of Florida · 1880
- United States v. ButlerDistrict Court, E.D. Michigan · 1889
- People v. Grzesczak, New York County Courts1912
- People v. FadenNew York Court of Appeals · 1936
- People v. . McDonaldNew York Court of Appeals · 1899
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