Leighton v. . People of the State of New York
New York Court of Appeals
Error to the General Term of the Supreme Court,'in the first judicial department, to review judgment entered upon an order made Hay 20, 1881, which affirmed a judgment of the Court of Oyer and Terminer of the county of Hew York, entered upon a verdict convicting the plaintiff in error of the crime of murder in the first degree. The material facts appear in the opinion.
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Error to the General Term of the Supreme Court,'in the first judicial department, to review judgment entered upon an order made Hay 20, 1881, which affirmed a judgment of the Court of Oyer and Terminer of the county of Hew York, entered upon a verdict convicting the plaintiff in error of the crime of murder in the first degree. The material facts appear in the opinion. The plaintiff in error was damnified by the transfer of the indictment from the Court of General Sessions to the Oyer and Terminer, for the reason that this court and the Court of Appeals on writ of error could review the facts…
1Opinion of the CourtDanforth, J.
First, The court did not err in refusing to send the case back to the General Sessions. The indictment was found in that court, and sent by it to the Oyer and Terminer to be there determined according to law. The defendant asked that it be sent back, on the ground, first, that the order of removal was made without notice; second, that by it he was deprived of certain rights which under the law he had in that court, viz.: of having his case reviewed upon questions of fact as well as law by the appellate courts on a writ of" error and stay of proceedings. A third ground of error is now…
2Cited by41 opinions
- Bernard Austin v. United StatesCourt of Appeals for the D.C. Circuit · 1967
- Goldsby v. United StatesSupreme Court of the United States · 1895
- Chisley v. StateCourt of Appeals of Maryland · 1953
- Wilson v. StateCourt of Appeals of Maryland · 1971
- People v. . KoernerNew York Court of Appeals · 1897
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