People v. Moneghan
New York Supreme Court
Certiorari to the court of sessions of the county of Livingston. On the 23d March 1854, Malachi Moneghan was indicted in the Livingston county sessions for grand larceny and pleaded not guilty. The indictment and proceedings having been continued till the next term of said court, held in May 1854, the prisoner obtained leave to withdraw his plea of not guilty and pleaded in abatement to the indictment as follows: Livingston County Sessions. — Malachi Moneghan ads.
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Certiorari to the court of sessions of the county of Livingston. On the 23d March 1854, Malachi Moneghan was indicted in the Livingston county sessions for grand larceny and pleaded not guilty. The indictment and proceedings having been continued till the next term of said court, held in May 1854, the prisoner obtained leave to withdraw his plea of not guilty and pleaded in abatement to the indictment as follows: Livingston County Sessions. — Malachi Moneghan ads. The People. — And the said defendant in his own proper person comes and defends the force and injury, when, See., and says that…
1Opinion of the Court
By the Court,
T. R. Strong, J. —
It is provided by the constitution, (article 6, section M,) that “ the county judge, with two justices of the peace to be designated according to law, may hold courts of'sessions, with such criminal jurisdiction as the legislature shall prescribe, and perform such other duties as may be required by law.” The legislature by article 5, section 42, of the judiciary act, enacted that “ courts of sessions, except in the city and county of New York, shall be held at the time and place at which county courts for the trial of issues of fact by a jury of the same county…
2Cited by3 opinions
- Northrup v. . the PeopleNew York Court of Appeals · 1867
- People v. Clews, New York Court of Session, Chautauqua County1878
- People v. WilcoxNew York Supreme Court · 1862