Eighmy v. . the People
New York Court of Appeals
Error to the General Term of the Supreme Court, in the third judicial department, affirming a judgment of the Court of Sessions, in and for the county of Saratoga, entered upon a verdict convicting the plaintiff in error of the crime of perjury.
Read the full summary
Error to the General Term of the Supreme Court, in the third judicial department, affirming a judgment of the Court of Sessions, in and for the county of Saratoga, entered upon a verdict convicting the plaintiff in error of the crime of perjury. The indictment charged : “ That heretofore, to-wit., on the first day of May, in the year of our Lord one thousand eight hundred and seventy-eight, at the town of Milton, in the county of Saratoga and State of Low York, before James W. Vorbeck, Esq., then and there being a referee duly and legally appointed in an action commenced and then pending in…
1Opinion of the CourtMiller, J.
' A writ of error in a criminal case brings up for review only questions of law raised by exceptions properly taken upon the trial (Donahue v. The People, 56 N. Y., 211); and no exception lies to a refusal to postpone a criminal trial by reason of the absence of witnesses: (Commonwealth v. Drake, 124 Mass., 21, 24; The Same v. Donovan, 99 id., 425.)
Assuming that the question raised as to the refusal of- the court to postpone the trial is presented for review upon the writ of error, we are unable to see that any error was committed. The decision of questions of this nature rests very much in…
2Cases cited11 opinions
- Waterman v. . WhitneyNew York Court of Appeals · 1854
- State v. HowardSupreme Court of Vermont · 1859
- Knapp v. . KnappNew York Court of Appeals · 1851
- Swift v. . Massachusetts Mutual Life Ins. Co.New York Court of Appeals · 1875
- Autauga County v. DavisSupreme Court of Alabama · 1858
6 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- State v. HayesSupreme Court of Connecticut · 1941
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- Mathis v. StateSupreme Court of Florida · 1903
- People v. . SweeneyNew York Court of Appeals · 1914
- People v. OskrobaNew York Court of Appeals · 1953
37 more not listed; retrieve them via the Exa API.