People v. Satchwell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Orneldo Satchwell, from a judgment: of the County Court of Tioga county in favor of the plaintiff, rendered on the 11th day of June, 1900, upon the verdict of a jury convicting him of a violation of the Excise Law, also from an order ‘entered in said clerk’s office on the 12th day of 'June, 1900, overruling a plea of a former conviction, and also from an order entered in said clerk’s office denying the defendant’s motion for a new trial made upon the…
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Appeal by the defendant, Orneldo Satchwell, from a judgment: of the County Court of Tioga county in favor of the plaintiff, rendered on the 11th day of June, 1900, upon the verdict of a jury convicting him of a violation of the Excise Law, also from an order ‘entered in said clerk’s office on the 12th day of 'June, 1900, overruling a plea of a former conviction, and also from an order entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes. At a Trial Term of the Supreme Court held in Tioga county in March, 1899,'the grand jury found an indictment…
1Opinion of the Court
Edwards, J.:
On the undisputed facts in this case the defendant, on his plea of a former conviction, was entitled to judgment. The burden was on him to show a conviction of an offense identical with the one with which he was charged in the second indictment. This he established, prima facie, by the production of the record showing a conviction under an indictment which could be sustained by the evidence necessary to support the second indictment; and it was then *314incumbent on the prosecution to show that the conviction was, in fact, for a different offense. (3 Greenl. Ev. § 37; 17 Am. & Eng.…
2Cases cited4 opinions
- People v. AdamsNew York Supreme Court · 1837
- People v. M'GowanNew York Supreme Court · 1837
- Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1879
- People v. WhiteNew York Supreme Court · 1864
3Cited by6 opinions
- People v. De Sisto, New York County Courts1961
- People v. SeeleyAppellate Division of the Supreme Court of the State of New York · 1905
- People v. Haren, New York County Courts1901
- People v. SeeleyAppellate Division of the Supreme Court of the State of New York · 1905
- People v. Afarian, New York County Courts1949
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