People v. Tweed
New York Supreme Court
HE defendant, by his counsel George F. Corn-stock, David Field and E. E. Bacon, has made application for a writ of error with a stay of proceedings, to be issued to the court of oyer and terminer of the city and county of Hew York. The application is based upon the error-book containing 1064 pages of printed matter, the printed bill of exceptions containing 778 pages, and upon printed and oral briefs, consisting of numerous pages, and a citation of numerous authorities.
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HE defendant, by his counsel George F. Corn-stock, David Field and E. E. Bacon, has made application for a writ of error with a stay of proceedings, to be issued to the court of oyer and terminer of the city and county of Hew York. The application is based upon the error-book containing 1064 pages of printed matter, the printed bill of exceptions containing 778 pages, and upon printed and oral briefs, consisting of numerous pages, and a citation of numerous authorities. In conjunction with the presentation of such papers ex parte, no one appearing for the people, an oral statement was made of…
1Opinion of the CourtHabdih, J.
The learned counsel for the prisoner is correct in saying that the writ of error is a writ of right, and issues as of course, in cases of misdemeanor. In capital cases, such writ can issue only after notice given to the attorney general or the district attorney of the county where such conviction shall have been had. (2 R. S., Edm. ed., 765.)
The 16th section of the statute provides as follows : “But no such writ of error shall stay or delay the execution of such judgment or sentence thereon, unless the same shall be allowed by a justice of the Supreme Court, or by a county judge, with an…
2Cases cited1 opinion
- People v. FolmsbeeNew York Supreme Court · 1871