Barringer v. People
New York Court of Appeals
This is a writ of error to review a judgment of the supreme court in a criminal case. The plaintiff in error was convicted, before a court of special sessions of Otsego county, held by a justice of the peace, without a jury, of the ofience of petit larceny, in stealing a sheep belonging to John Waffle. He brought a certiorari to the supreme court, pursuant to the Revised Statutes, where the conviction was confirmed, upon which he sued out this writ of error.
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This is a writ of error to review a judgment of the supreme court in a criminal case. The plaintiff in error was convicted, before a court of special sessions of Otsego county, held by a justice of the peace, without a jury, of the ofience of petit larceny, in stealing a sheep belonging to John Waffle. He brought a certiorari to the supreme court, pursuant to the Revised Statutes, where the conviction was confirmed, upon which he sued out this writ of error. The evidence js sufficiently stated in the opinion of the court. The case was submitted on printed points.
1Opinion of the CourtDenio, C. J.
The counsel for the jteople insists that the judgment is conclusive against the plaintiff in error as to the facts, and that we cannot review the case upon the evidence. But the position is not well taken. Where the trial in the special sessions is before the magistrate, without a jury, the certiorari to the supreme court may require the return of the evidence for the consideration of the superior tribunal, though it is otherwise where 'there has been a trial by jury., (2 R. S., 717, §§ 42, 43, 44, 46, 49; Vanderwerker v. The People, 5 Wend., 530; Son v. The People, 12 id., 344; Alkenbrack v.…
2Cases cited2 opinions
- Vanderwerker v. PeopleNew York Supreme Court · 1830
- Alkenbrack v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1845