People v. Rogers
New York Supreme Court
Motion in arrest of judgment.
1Opinion of the CourtGoff, J.
The-defendant was convicted of the crime of attempt to commit robbery in the first degree. When arraigned for sentence he interposed a motion in arrest of judgment based on two grounds. “ First, that in the Court of General Sessions he was tried on an indictment charging the same offense and was acquitted thereof, and, second, that the facts determined in his favor on the former trial are identical with those submitted to the jury on this the second trial and being therefore res judicata are in law conclusive evidence of his innocence.” At the trial the defendant was allowed to amend his plea…
2Cases cited2 opinions
- Rudd v. . CornellNew York Court of Appeals · 1902
- Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
3Cited by15 opinions
- Hoag v. New JerseySupreme Court of the United States · 1958
- State v. BartonWashington Supreme Court · 1940
- State v. ErwinUtah Supreme Court · 1941
- State v. HoagSupreme Court of New Jersey · 1956
- People v. De Sisto, New York County Courts1961
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