People v. Casborus
New York Supreme Court
THE defendant was indicted at the court of general sessions of the peace, held in and for the county of Rensselaer, in February last, for stealing certain promissory notes.
Read the full summary
THE defendant was indicted at the court of general sessions of the peace, held in and for the county of Rensselaer, in February last, for stealing certain promissory notes. The defendant pleaded, in bar, that, at the preceding November term, of the court of general sessions, &c., he was indicted for felony, and was tried and convicted by the jury; and that, afterwards, on a motion in arrest of judgment, the court of general sessions arrested the judgment, and discharged the defendant from that indictment. To this plea the district attorney demurred; and, at the court of oyer and terminer,…
1Opinion of the Court
- Spencer, J.,
delivered the opinion of the court. The defendant, on his arraignment, pleaded, that he had before been indicted, tried, and convicted for the same felony; that, upon his motion, the judgment had been arrested, and that he had been discharged from that judgment. It is admitted, that the forjper, and present, indictment, are, in every respect, similar. To this plea the district attorney demurred; the plea was overruled, and the defendant was thereupon tried and convicted, and sentenced to imprisonment in the state prison.
It was decided, in the case of The People v. Barret & Ward,…
2Cited by24 opinions
- People v. . SmithNew York Court of Appeals · 1902
- People v. MurrayMichigan Supreme Court · 1891
- Joy v. StateIndiana Supreme Court · 1860
- United States v. GibertU.S. Circuit Court for the District of Massachusetts · 1834
- Shepherd v. . the PeopleNew York Court of Appeals · 1862
19 more not listed; retrieve them via the Exa API.