People of the State of New York v. . Dowling
New York Court of Appeals
Error to the General Term, of the Supreme Court, in the third judicial department, to review order made November 27, 1878, reversing a judgment and conviction of the defendant in error by the Court of General Sessions in and for the county of Schenectady, of the crime of grand larceny, and remitting the case for a new trial. The defendant in error was jointly indicted with one Michael Dowling.
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Error to the General Term, of the Supreme Court, in the third judicial department, to review order made November 27, 1878, reversing a judgment and conviction of the defendant in error by the Court of General Sessions in and for the county of Schenectady, of the crime of grand larceny, and remitting the case for a new trial. The defendant in error was jointly indicted with one Michael Dowling. The indictment contained two counts, one charging the accused with receiving certain goods stolen from the cars of the New York Central and Hudson River railroad, while being transported as freight on…
1Opinion of the Court
Folger, Ch. J.
We think that the ground for the reversal of the judgment, stated in the opinion at General Term, is too close. It rests finally upon the motion of the prisoner’s counsel to strike out the count in the indictment for burglary and the granting of the motion by the court, and the striking from the indictment a count for burglary. What this motion meant and what it was understood to mean by the court, and what the granting of it was understood by court and counsel to mean, and what the striking out of a count meant, is shown by the next sentence in the error-book. There the…
2Cases cited3 opinions
- Coleman v. . People of the State of N.Y.New York Court of Appeals · 1873
- Guenther v. . the PeopleNew York Court of Appeals · 1861
- State v. KittleSupreme Court of Vermont · 1803
3Cited by58 opinions
- Trono v. United StatesSupreme Court of the United States · 1905
- United States ex rel. Hetenyi v. WilkinsCourt of Appeals for the Second Circuit · 1965
- People v. JacksonNew York Court of Appeals · 1967
- Rosenthal v. New YorkSupreme Court of the United States · 1912
- Commonwealth v. DeitrickSupreme Court of Pennsylvania · 1908
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