Legal Opinion

People v. Sessions of Chenango

New York Supreme Court

Decided July 1, 1796PublishedCited by 3 opinions

This was an ttpplication for a mandamus, forbidding the Sessions of Chenango from proceeding on a iaew trial they had granted.

1Opinion of the Court

Per Curiam, delivered by KENT, J.

Let the mandamus go. The sessions cannot grant a new trial' upon the merits. It is a pow,er not exerëised by this court, after verdict in cases of felony, and perhaps it is expedient it should not be.-~ This court had by its original constitution by ordinance, the superintending controul of all inferior jurisdictions within the state, and this power has never been taken away. It has been from time to time recognised by law, and in constant and vigilant exercise. All courts within the several counties, have, from the first foundation of our judicial system,…

2Cited by3 opinions

  1. Commonwealth v. McElhaneyMassachusetts Supreme Judicial Court · 1873
  2. In re FitchNew York Supreme Court · 1829
  3. Brazill v. IshamNew York Court of Common Pleas · 1852

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API