People v. . Bliven
New York Court of Appeals
Appeal by defendant, Cortlandt H. Bliven, from a judgment of the General Term of the Supreme Court in the Second Department of February 13,1888, affirming a judgment of the Court of Sessions of Kings County, Hon. Henry A. Moore, County Judge, presiding, of October 17, 1887, entered upon the conviction of defendant of abortion. The appellant was tried separately, and was convicted and sentenced to imprisonment for three years and six months.
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Appeal by defendant, Cortlandt H. Bliven, from a judgment of the General Term of the Supreme Court in the Second Department of February 13,1888, affirming a judgment of the Court of Sessions of Kings County, Hon. Henry A. Moore, County Judge, presiding, of October 17, 1887, entered upon the conviction of defendant of abortion. The appellant was tried separately, and was convicted and sentenced to imprisonment for three years and six months. The indictment in this case was as follows :■—• “ The Grand Jury of the County of Kings, by this indictment, accuse Cortlandt H. Bliven, Nellie Wood and…
1Opinion of the Court
Upon appeal to the General Term of the Supreme Court the following opinion was written :
Babmabd, P. J.
Before the Criminal Code was passed, an accessory to a crime before the fact could not be indicted as principal. It was only a form of criminal pleadings and procedure, however, as the punishment was the same as if the accessory had been a principal. 2 Rev. Slat. 699, § 6.
The evidence to prove guilt was the same, except that the conviction of the principal had to be proven in order to convict an accessory before the fact. The procedure was cumbrous, and there was never any good reason why the…
2Cases cited9 opinions
- Spies v. PeopleIllinois Supreme Court · 1887
- People v. . DumarNew York Court of Appeals · 1887
- Shannon v. PeopleMichigan Supreme Court · 1858
- People v. OuteverasCalifornia Supreme Court · 1874
- People v. TrimCalifornia Supreme Court · 1870
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3Cited by60 opinions
- State v. SpicaSupreme Court of Missouri · 1965
- People v. . KatzNew York Court of Appeals · 1913
- People v. RiveraNew York Court of Appeals · 1995
- People v. WerblowNew York Court of Appeals · 1925
- People v. . PeckensNew York Court of Appeals · 1897
55 more not listed; retrieve them via the Exa API.