People v. McLaughlin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William W. McLaughlin, from a judgment of the Court of Oyer and Terminer- of the county of Hew York, rendered on the 19th day of June, 1895, convicting him of ..the crime of extortion, with notice of an intention to bring up for review upon such appeal an order entered in the Hew York county clerk’s office on the 20th day of May, 1895, vacating a stay of proceedings, and denying the defendant’s ■ motion for a change of the place of trial from the…
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Appeal by the defendant, William W. McLaughlin, from a judgment of the Court of Oyer and Terminer- of the county of Hew York, rendered on the 19th day of June, 1895, convicting him of ..the crime of extortion, with notice of an intention to bring up for review upon such appeal an order entered in the Hew York county clerk’s office on the 20th day of May, 1895, vacating a stay of proceedings, and denying the defendant’s ■ motion for a change of the place of trial from the county of Hew York to some other county. The crime was alleged to have been- committed in the city of .Hew York, Hovember…
1Opinion of the Court
Williams, J.:
We have arrived at the conclusion upon the appeal from the order denying the application to remove the indictment and action to another county for trial, and vacating the order staying the trial, that such order appealed from was erroneous and should be reversed, but that such order was not void for want of jurisdiction to make it. When that order was made the proceeding for a removal was terminated, and there was no longer any stay of the trial. So long as such order remained in force and unreversed,.it was, therefore, binding upon the Court of Oyer and Terminer, and that court…
2Cases cited5 opinions
- People v. . SharpNew York Court of Appeals · 1887
- People v. . BlivenNew York Court of Appeals · 1889
- Linsday v. . People of the State of N.Y.New York Court of Appeals · 1875
- People v. . McGonegalNew York Court of Appeals · 1892
- Linsday v. PeopleNew York Supreme Court · 1875
3Cited by8 opinions
- Chronicle Publishing Co. v. Superior CourtCalifornia Supreme Court · 1960
- Commonwealth v. WilsonSuperior Court of Pennsylvania · 1906
- State v. AndersonNew Mexico Supreme Court · 1918
- Kluck v. StateWisconsin Supreme Court · 1937
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1906
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