People v. Meakim
New York Supreme Court
Appeal from court of oyer and terminer, New York county. This was an indictment against Alexander Meakim, Joseph Koch, and Edward T. Fitzpatrick, commissioners of excise, charging them witli a misdemeanor in willfully neglecting for an unreasonable time to decide a complaint before them of the sale of liquor in a certain saloon on election day.
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Appeal from court of oyer and terminer, New York county. This was an indictment against Alexander Meakim, Joseph Koch, and Edward T. Fitzpatrick, commissioners of excise, charging them witli a misdemeanor in willfully neglecting for an unreasonable time to decide a complaint before them of the sale of liquor in a certain saloon on election day. From an order arresting judgment on a verdict in their favor on the trial of a plea of former acquittal, interposed by defendants, the people appeal.
1Opinion of the CourtBarrett, J.
Upon the face of the record the plea was properly overruled. The verdict rendered upon the trial under the first indictment was not on the merits It was directed by the learned recorder because of his opinion that there was a variance between the proof and the indictment. The verdict, as recorded, reads as follows: “The jury, without leaving the bar, say they find the defendants not guilty, on the ground of variance between the proof and the indictment.” Upon the face of the record, therefore, the case is brought within section 340 of the Code of Criminal Procedure, which provides that, “if…
2Cases cited4 opinions
- People v. BrooksCourt for the Trial of Impeachments and Correction of Errors · 1845
- People v. CasborusNew York Supreme Court · 1816
- People v. JonesNew York Supreme Court · 1863
- People ex rel. Welling v. MeakinNew York Supreme Court · 1890
3Cited by10 opinions
- Blocher v. StateIndiana Supreme Court · 1912
- State v. CootnerSupreme Court of Florida · 1952
- Ex parte SpiveySupreme Court of Alabama · 1912
- People ex rel. Weiner v. Warden of City PrisonAppellate Division of the Supreme Court of the State of New York · 1932
- People ex rel. North v. SkinnerAppellate Division of the Supreme Court of the State of New York · 1952
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