Done v. People
New York Supreme Court
The prisoner was indicted at the February term of the Madison Oyer and Terminer, 1861, for the murder of Calvin Burton, in the town of Sullivan in the county of Madison, on the 29th day of December, 1860, and was arraigned and pleaded not guilty. He was tried at the Madison County Oyer and Terminer, on the 7th day of April, 1862, before Mr. Justice Mason and Sidney T. Holmes, county judge, and the justices of the Sessions.
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The prisoner was indicted at the February term of the Madison Oyer and Terminer, 1861, for the murder of Calvin Burton, in the town of Sullivan in the county of Madison, on the 29th day of December, 1860, and was arraigned and pleaded not guilty. He was tried at the Madison County Oyer and Terminer, on the 7th day of April, 1862, before Mr. Justice Mason and Sidney T. Holmes, county judge, and the justices of the Sessions. Upon the trial, the prosecution introduced, among other witnesses, Edwin G. Frederick, who testified as follows: I was present at Watkins’ tavern when Done, the prisoner,…
1Opinion of the Court
By the court, Campbell, J.
The prisoner, Harvey Done, was tried and convicted at the Madison County Oyer and Terminer, in April, 1862, of murder in the first degree, and was sentenced to “suffer the punishment of death prescribed by law, and that he be imprisoned in the State prison at Auburn until such punishment be inflicted.” Before sentence, the counsel for the prisoner moved in arrest of judgment, on the ground that the sentence provided by the act of 1860, defining the crime and punishment of murder, could not be executed; that the act of 1860 repealed the mode of punishment as provided…
2Cited by3 opinions
- The People v. . PhillipsNew York Court of Appeals · 1870
- State v. MillerSupreme Court of Iowa · 1904
- State v. WootenCourt of Special Appeals of Maryland · 1975