Ex parte Vermilyea
New York Supreme Court
On application to Mr. Justice Woodworth, in behalf of Vermilyea and others for the allowance of a certiorari, to remove into the supreme court the record of their conviction, from the court of oyer and terminer of the city and county of Neio-York, his honor deeming the question of too much importance to be disposed of without giving the counsel for the people an opportunity to be heard, directed notice to be given to the district attorney of the city and county of New-York.
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On application to Mr. Justice Woodworth, in behalf of Vermilyea and others for the allowance of a certiorari, to remove into the supreme court the record of their conviction, from the court of oyer and terminer of the city and county of Neio-York, his honor deeming the question of too much importance to be disposed of without giving the counsel for the people an opportunity to be heard, directed notice to be given to the district attorney of the city and county of New-York. Notice having been given accordingly, the questions presented were argued before the judge at his chambers, in Albany,…
1Opinion of the Court
His honor afterwards discussed the questions at large ; and gave his opinion as follows :
Woodworth, J.
The defendants were convicted at a court of oyer and terminer, held in the city of New-York, *556of a conspiracy to defraud certain incorporated companies and individuals, of their goods, chattels and effects. Application is now made for the allowance of a certiorari, to remove the record and proceedings into the supreme court, for the purpose of reviewing the decision of the court below, on a challenge taken to some of the jurors ; and also on the ground of a fatal variance between the proof…
2Cases cited2 opinions
- Durell v. MosherNew York Supreme Court · 1811
- Blake v. MillspaughNew York Supreme Court · 1806
3Cited by25 opinions
- Balbo v. . the PeopleNew York Court of Appeals · 1880
- Solander v. PeopleSupreme Court of Colorado · 1873
- State v. . BentonSupreme Court of North Carolina · 1836
- State v. SawtelleSupreme Court of New Hampshire · 1891
- People v. McCauleyCalifornia Supreme Court · 1851
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