Guenther v. . the People
New York Court of Appeals
Writ of error to the Supreme Court. The plaintiff in error was arraigned and put upon trial at the Erie Oyer and Terminer, on an indictment containing twenty-three counts; nine for embezzlement of different sums of money at different times and fourteen for larceny.
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Writ of error to the Supreme Court. The plaintiff in error was arraigned and put upon trial at the Erie Oyer and Terminer, on an indictment containing twenty-three counts; nine for embezzlement of different sums of money at different times and fourteen for larceny. The jury rendered a verdict “guilty of embezzlement,” which was entered by the clerk, and the jury were then discharged. ‘ Afterwards, and during the term, the court, on motion of the district attorney, directed the clerk to make the following further entry after the finding of the jury, viz.: “the jury find the prisoner not guilty…
1Opinion of the CourtJames, J.
The first count in the indictment for embezzlement was good. Whether or not the other counts for that • offence" were good is of no importance, because the verdict was general as to embezzlement, and after a general verdict of guilty the conviction will be sustained, if there" be one good count, even though the indictment contain many defective ones. No objection was made to any of the counts for larceny.
The addition tirade to the verdict by the courts after the discharge of the jury was clearly irregular, and must be disregarded. The act was wholly without authority and without precedent.
The…
2Cases cited3 opinions
- Weinzorpflin v. StateIndiana Supreme Court · 1844
- United States v. KeenU.S. Circuit Court for the District of Indiana · 1839
- People v. BarrettNew York Supreme Court · 1805
3Cited by30 opinions
- United States ex rel. Hetenyi v. WilkinsCourt of Appeals for the Second Circuit · 1965
- People v. JacksonNew York Court of Appeals · 1967
- People of the State of New York v. . DowlingNew York Court of Appeals · 1881
- People v. FolletteCalifornia Court of Appeal · 1925
- People v. . CignaraleNew York Court of Appeals · 1888
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