Blend v. People
New York Court of Appeals
Error to the General Term of the Supreme Court in the sixth judicial district, to review the affirmance of a conviction of the plaintiff in error, at the Delaware Sessions.
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Error to the General Term of the Supreme Court in the sixth judicial district, to review the affirmance of a conviction of the plaintiff in error, at the Delaware Sessions. Blend was indicted at the Delaware Sessions for false pretences, in June, 1866, and tried ¡November 30th, 1866. The defendant appeared in person, and the trial proceeded before William Murray, Jr., Esq., county judge, and Grit-man Elwood and William Mallory, Esqs., associate justices of said Delaware Sessions, until the court adjourned for dinner, December 1st. On reassembling, it was discovered that Gritman Elwood, one of…
1Opinion of the CourtIngalls, J.
The judgment should be reversed upon the ground, that error was committed in substituting Davidson in the place of Elwood, as a justice of the sessions, after the trial in the above matter had commenced. Such substitution was objected to by the counsel for the prisoner. Previous to such substitution, the jury had been impanneled, and a portion of the evidence taken. The Constitution of the State provides that the county judge, with two justices of the peace, to be designated according to law, may hold Courts of sessions. The two justices are indispensable to constitute a legally organized…
2Cited by14 opinions
- Frank v. MangumSupreme Court of the United States · 1915
- Freeman v. United StatesCourt of Appeals for the Second Circuit · 1915
- Commonwealth v. CarterMassachusetts Supreme Judicial Court · 1996
- Durden v. PeopleIllinois Supreme Court · 1901
- Journigan v. StateCourt of Appeals of Maryland · 1960
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