People v. Fisher
New York Supreme Court
Error from the Ontario general sessions. The defendants were indicted at the Ontario general sessions in May, 1834, for a conspiracy.
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Error from the Ontario general sessions. The defendants were indicted at the Ontario general sessions in May, 1834, for a conspiracy. The indictment contains four counts ; in the first of which it is alleged that the defendants, journeymen shoemakers, with divers other persons, also journeymen shoemakers, to the jurors unknown, on the first day of August, 1833, at the village of Geneva, in the county of Ontario, did unlawfully, and to the great injury and prejudice of the trade and commerce of the people of the state of New-York, with force and arms, &c. form and unite themselves into an…
1Opinion of the Court
By the Court,
Savage, Ch. J.
We have the authority of Hawkins for saying that a plea of a former indictment pending for the same offence is bad, Hawkins’ P. C., book 2, ch. 34, § 1; and by our revised statute, 2 R. S. 726, § 42, the first indictment is superseded by the second, and liable to be quashed. It is not therefore a bar to such second indictment.
The only question, therefore, is the one decided by the court below, whether the offence charged is indictable.
The legislature have given us their definition of conspiracies, and abrogated the common law on the subject. We must therefore see…
2Cited by58 opinions
- McKay v. Retail Automobile Salesmen's Local Union No. 1067California Supreme Court · 1940
- Matter of DaviesNew York Court of Appeals · 1901
- Beck v. Railway Teamsters' Protective UnionMichigan Supreme Court · 1898
- Arnot v. . Pittston and Elmira Coal Co.New York Court of Appeals · 1877
- State v. StewartSupreme Court of Vermont · 1887
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