Legal Opinion

People v. Cornell

New York Supreme Court

Decided December 15, 1909Published

Motion by defendant to compel restitution of a fine paid by him on conviction for a misdemeanor, which conviction has since been reversed, and a new trial ordered.

1Opinion of the CourtRogers, J.

January 24, 1906, the defendant was indicted by the grand jury of Oswego county for a criminal libel. He • was thereafter arraigned, pleaded not guilty and gave hail. The indictment was tried in April following, and the defendant convicted and sentenced to pay a fine of $300. The fine was paid. ¡Nevertheless, the defendant took an appeal to the Appellate Division of the fourth department, where the judgment of conviction was reversed and a new trial ordered; the judgment of reversal having been entered in Oswego county clerk’s office, June 22, 1908.

Thereafter, and on the 31st day of December,…

2Cases cited10 opinions

  1. Haebler v. . MyersNew York Court of Appeals · 1892
  2. People v. . PalmerNew York Court of Appeals · 1888
  3. Pittsfield National Bank v. BayneNew York Court of Appeals · 1893
  4. Cook v. DickersonThe Superior Court of New York City · 1853
  5. Long v. American Surety Co.New York Court of Appeals · 1895

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