Weed v. . the People
New York Court of Appeals
Ih June, 1846, the plaintiff in error was indicted, tried and convicted in the Erie county Oyer' and Terminer, of the crime of perjury. He was sentenced to three years imprisonment in the State prison. A record of his conviction was made and filed in August, 1862, purporting to he signed by the then district attorney of said county of Erie. The record sets out the indictment at length; the arraignment and plea of the prisoner, and the joining of issue thereon.
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Ih June, 1846, the plaintiff in error was indicted, tried and convicted in the Erie county Oyer' and Terminer, of the crime of perjury. He was sentenced to three years imprisonment in the State prison. A record of his conviction was made and filed in August, 1862, purporting to he signed by the then district attorney of said county of Erie. The record sets out the indictment at length; the arraignment and plea of the prisoner, and the joining of issue thereon. “And afterwards, to wit, at a court of Oyer and Terminer and general jail delivery held in and for the county of Erie, at the court…
1Opinion of the Court
No point was made or suggested before the Supreme Court except one arising upon the form of the sentence; and that was that the sentence omitted to designate the State prison in which the plaintiff in error should be imprisoned. The court, without looking further into the return, held that this omission was not error, as neither the sheriff nor the prisoner had been misled by it, and there was no reason to doubt the latter had enjoyed his term of service in a proper prison.
The statute does not require that the sentence shall specify the prison. (3 R.S. 5th ed., 1089, § 99.) It directs in what…
2Cited by10 opinions
- People v. . TrezzaNew York Court of Appeals · 1891
- In re CrowWisconsin Supreme Court · 1884
- Manke v. . PeopleNew York Court of Appeals · 1878
- Eighmy v. . the PeopleNew York Court of Appeals · 1879
- Ex parte WatermanDistrict Court, N.D. New York · 1887
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