Manke v. . People
New York Court of Appeals
Error to the General Term of the Supreme Court, in the fourth judicial department, to review judgment dismissing a writ of error issued out of said court, and remitting the proceedings to the court of Oyer and Terminer of Erie county. The nature of the indictment and the facts appear sufficiently in the opinion. The judgment of the Supreme Court was erroneous because the record did not show a final judgment against plaintiff in error upon the indictment.
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Error to the General Term of the Supreme Court, in the fourth judicial department, to review judgment dismissing a writ of error issued out of said court, and remitting the proceedings to the court of Oyer and Terminer of Erie county. The nature of the indictment and the facts appear sufficiently in the opinion. The judgment of the Supreme Court was erroneous because the record did not show a final judgment against plaintiff in error upon the indictment. (2 R. S., 736, § 21; id., 739, §§ 14-17, 20, 23; id., 737; 3 id. [2d. ed.], 851, § 20; Gray v. People, 25 Wend., 465; Thompson v. People, 3…
1Opinion of the CourtFolger, J.
Charles Manke was tried at the Erie Oyer and Terminer on an indictment of murder. He was convicted by the verdict of the jury of murder in the first degree. He was sentenced by the court to be hanged on the 21st day of June, 1878, between the hours of ten o’clock A. m. and two o’clock p. m. He'sued out a writ of error to the General Term,.in the fourth department. In the allowance of the writ there was embodied an express direction that it operate as a stay of proceedings upon the judgment; (2 R. S., p. 740, §§ 16, 20). A bill of exceptions to the decisions of the court on the trial was…
2Cases cited7 opinions
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- Messner v. . the PeopleNew York Court of Appeals · 1871
- Weed v. . the PeopleNew York Court of Appeals · 1865
- Phillips v. PeopleNew York Supreme Court · 1869
- Graham v. PeopleNew York Supreme Court · 1872
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3Cited by21 opinions
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- The People v. . BorkNew York Court of Appeals · 1879
- People v. MilesAppellate Division of the Supreme Court of the State of New York · 1916
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