People v. . Redmond
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 27, 1917, which reversed a judgment of the Kings County-Court rendered upon a verdict convicting the defendant of the crime of perjury and granted a new trial. The facts, so far as material, are stated in the opinion. The judgment and order of the Appellate Division reversing the judgment of conviction herein is properly appeal-able to this court.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 27, 1917, which reversed a judgment of the Kings County-Court rendered upon a verdict convicting the defendant of the crime of perjury and granted a new trial. The facts, so far as material, are stated in the opinion. The judgment and order of the Appellate Division reversing the judgment of conviction herein is properly appeal-able to this court. (People v. O’Brien, 164 N. Y. 57; People v. Calabur, 178 N. Y. 463; People v. Miller, 169 N. Y. 339; People v. Damron, 212 N. Y. 256;…
1Opinion of the Court
Collin, J.:
The order of the Appellate Division, reversing the judgment of conviction and ordering a new trial, contained the statement, “ the reversal of said judgment being had for errors of law only.”
It is too thoroughly established to admit of discussion that this court has not jurisdiction to review the order or judgment of reversal and for a new trial in a criminal case unless it appears affirmatively in the body of the order that the court below has exercised its power to review the facts, and that, being satisfied with the judgment in that respect, the reversal was ordered for error of…
2Cases cited11 opinions
- The People v. . ConroyNew York Court of Appeals · 1884
- The People v. . HoveyNew York Court of Appeals · 1883
- People Ex Rel. Jerome v. Court of General Sessions of the PeaceNew York Court of Appeals · 1906
- People v. BissertAppellate Division of the Supreme Court of the State of New York · 1902
- Harris v. . BurdettNew York Court of Appeals · 1878
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People Ex Rel. Hirschberg v. Orange County CourtNew York Court of Appeals · 1936
- People v. BellowsNew York Court of Appeals · 1939
- People Ex Rel. Curtis v. . KidneyNew York Court of Appeals · 1919
- People v. KulandNew York Court of Appeals · 1934
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