People ex rel. Barron v. Monroe Oyer & Terminer
New York Supreme Court
Two indictments for same offence. The relator was convicted upon a charge of murder at a special oyer and terminer, held in the county of Monroe on the fourth Monday of May last. Pending the trial, a second indictment was found by the grand jury for the same offence.
Read the full summary
Two indictments for same offence. The relator was convicted upon a charge of murder at a special oyer and terminer, held in the county of Monroe on the fourth Monday of May last. Pending the trial, a second indictment was found by the grand jury for the same offence. After the conviction upon the first, and when the presiding judge was about to pronounce sentence upon the prisoner, a motion was made by his counsel to quash the indictment upon a provision of the statute, 2 R. S. 726 § 42, which is as follows : Ce If there be at any time pending against the same defendant two indictments for…
1Opinion of the Court
The following opinions were delivered :
By Chief Justice Nelson.
The court of oyer and terminer at which the relator was tried was held under a special commission, which has expired ; and as the writ is intended to act, and musts to be effectual, act upon the inferior tribunal, we cannot but see that it would be an unavailable remedy ; the court could not possibly enforce it. This view of itself would be a sufficient answer *109to the motion now made. We have no difficulty, however, upon the merits of the application. The statutes declaring in terms that the first indictment shall be deemed to be…
2Cited by9 opinions
- People v. Benson, New York County Courts1955
- State v. MelvinSupreme Court of Missouri · 1902
- People v. SloanNew York Supreme Court · 1940
- State ex rel. McGuire v. WatermanNevada Supreme Court · 1869
- People v. BarryNew York Supreme Court · 1860
4 more not listed; retrieve them via the Exa API.