People ex rel. Williams v. Court of Sessions of Wayne County
New York Supreme Court
This was an application for a mandamus to compel the court of sessions to proceed to the sentence of William Case, who was convicted in said court, of arson in the third degree. The court on motion of the defendant granted a new trial upon the merits and refused to pass sentence according to the verdict.
1Opinion of the Court
By the Court,
Johnson, J.
Courts of Sessions, as organized under ihe judiciary act of 1847, are courts of limited and inferior jurisdiction, having no powers, except such as are conferred by statute, like the former courts of general sessions of the peace. In the case of The People v. The Justicee of the Sesssions of the County of Chenango, (1 Johns. Cas. 180; S. C., 2 Caines’ Cas. in Error, 319,) it was held that the court of general sessions of the peace had no power to grant a new trial in criminal cases upon the merits.
This was put expressly on the ground that the court was a court of…
2Cases cited4 opinions
- People v. ComstockNew York Supreme Court · 1832
- People v. StoneNew York Supreme Court · 1830
- People v. Justices of the SessionsNew York Supreme Court · 1799
- People v. TownsendNew York Supreme Court · 1799
3Cited by3 opinions
- Cropsey v. TiernanAppellate Division of the Supreme Court of the State of New York · 1916
- Cropsey v. TiernanAppellate Division of the Supreme Court of the State of New York · 1916
- Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860