Carlesi v. New York
Supreme Court of the United States
ERROR TO THE COURT OF GENERAL SESSIONS OF THE PEACE IN AND FOR THE COUNTY OF NEW YORK, STATE OF, NEW YORK. The facts, which.involve the construction and constitutionality of the second offense statute of New York and the effect of a pardon of the accused by the President of the United States for the first offense, are stated in the opinion.
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ERROR TO THE COURT OF GENERAL SESSIONS OF THE PEACE IN AND FOR THE COUNTY OF NEW YORK, STATE OF, NEW YORK. The facts, which.involve the construction and constitutionality of the second offense statute of New York and the effect of a pardon of the accused by the President of the United States for the first offense, are stated in the opinion. The New York state court passed judgment upon plaintiff in error, after verdict of conviction of an alleged crime non-existent in New York; and the failure of the state court to recognize and give full force and effect to the President’s pardon, denied to…
1Opinion of the CourtChief Justice White
The plaintiff in error was accused of the crime “of forgery in the second degree as a second offense.” The indictment contained a recital of the prior offense relied on, that is, a conviction in the Circuit Court of the United States for the. Southern District of New York, and a sentence for three and one-half years in the penitentiary for the crime of selling and having in possession counterfeit coin. The statute of the State of New York, which was the authority for referring to the prior conviction was as follows:
“A person, who, after having been convicted within this State, of a felony, or…
2Cases cited5 opinions
- Graham v. West VirginiaSupreme Court of the United States · 1912
- McDonald v. MassachusettsSupreme Court of the United States · 1901
- Moore v. MissouriSupreme Court of the United States · 1895
- People v. CarlesiAppellate Division of the Supreme Court of the State of New York · 1913
- People v. . CarlesiNew York Court of Appeals · 1913
3Cited by150 opinions
- Gryger v. BurkeSupreme Court of the United States · 1948
- United States ex rel. Hetenyi v. WilkinsCourt of Appeals for the Second Circuit · 1965
- Cross v. StateSupreme Court of Florida · 1928
- People v. BiggsCalifornia Supreme Court · 1937
- Commonwealth v. Kentucky Jockey ClubCourt of Appeals of Kentucky (pre-1976) · 1931
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