People v. McLeod
New York Supreme Court
Alexander, McLeod was indicted at the Niagara general sessions, in February, 1841, and charged with the murder of one Amos Durfee, on the 30th December, 1837. He was arrested, arraigned, and pleaded not guilty, and then committed to' the jail of the county of Niagara, to remain in custody for trial: A writ of habeas corpus was subsequently sued out, upon which he was brought before this court at the last May term.
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Alexander, McLeod was indicted at the Niagara general sessions, in February, 1841, and charged with the murder of one Amos Durfee, on the 30th December, 1837. He was arrested, arraigned, and pleaded not guilty, and then committed to' the jail of the county of Niagara, to remain in custody for trial: A writ of habeas corpus was subsequently sued out, upon which he was brought before this court at the last May term. The indictment was also remdved into this court by certiorari. On the hearing, the counsel for the accused moved that he be discharged from custody, either by the entry of a nolle…
1Opinion of the Court
By the Court,
Cowes', J.
The prisoner’s petition on which I allowed this writ, contained an intimation that his commitment to the jail of the county of Niagara had not been regular ; but that ground is now abandoned. The sheriff returns an indictment for murder, found by a grand jury of that county against the prisoner, on which he appears to have been arraigned at the court of oyer and terminer holden in the same county. It further appears that he pleaded not guilty, and was duly committed for trial. The indictment charges, in the usual form, the murder of Amos Durfee by the prisoner, on a…
2Cases cited2 opinions
- Schooner Exchange v. McFaddonSupreme Court of the United States · 1812
- The Apollon.Supreme Court of the United States · 1824
3Cited by6 opinions
- People ex rel. Bungart v. WellsAppellate Division of the Supreme Court of the State of New York · 1901
- State v. ChapinSupreme Court of Arkansas · 1856
- Moulton v. BeecherNew York Supreme Court · 1876
- People v. MartinNew York Supreme Court · 1848
- State v. MerrickSupreme Court of Louisiana · 1855
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