Legal Opinion

Wood v. People

New York Supreme Court

Decided May 15, 1874Published

Error to Washington sessions to review the conviction of George S. Wood. Plaintiff in error was convicted upon an indictment for perjury at a court of sessions, held in and for the county of Washington on the 27th day of August, 1873, before Hon. Chas. S. Lester, county judge of Saratoga county, and Eli Skinner and William Hutton, justices of the peace of Washington county, designated according to law as members of the court of sessions.

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Error to Washington sessions to review the conviction of George S. Wood. Plaintiff in error was convicted upon an indictment for perjury at a court of sessions, held in and for the county of Washington on the 27th day of August, 1873, before Hon. Chas. S. Lester, county judge of Saratoga county, and Eli Skinner and William Hutton, justices of the peace of Washington county, designated according to law as members of the court of sessions. Hpon such conviction plaintiff in error was sentenced to imprisonment in the State prison for five years. Afterward and on the 26th of August, 1873,…

1Opinion of the CourtBoardman, J.

The bill of exceptions presented to us is not such as the law requires. By 2 R. S. 736, § 21, it is provided that exceptions may be taken upon the trial of an indictment by the defendant, to the decisions of the court as in civil cases. But by sections 23 and 24, such bill of exceptions shall not delay the execution of the judgment, unless a stay is inclorsed upon such bill of exceptions after the same is settled and filed. In this case no exceptions were settled as required by law by the court which tried the *508plaintiff in error, nor until a year after the trial. Then persons who took no part…

2Cases cited7 opinions

  1. Guenther v. . the PeopleNew York Court of Appeals · 1861
  2. The People v. . ThompsonNew York Court of Appeals · 1869
  3. People v. StockingNew York Supreme Court · 1866
  4. Vanderwerker v. PeopleNew York Supreme Court · 1830
  5. Birge v. PeopleNew York Supreme Court · 1860

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