People v. Rulloff
New York Supreme Court
On habeas corpus to discharge the prisoner, Edward H. Rulloff, from the custody of the sheriff of Tompkins county, by whom he was confined in jail.
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On habeas corpus to discharge the prisoner, Edward H. Rulloff, from the custody of the sheriff of Tompkins county, by whom he was confined in jail. The prisoner having been brought before the court, it appeared, by the sheriff’s return to the writ, that he was imprisoned on an indictment for the murder of his wife, Harriet Rulloff, in one of the towns of Tompkins county, in June, 1845, and that the indictment was found by the grand jury of that county in 1848. It appeared, from the proof presented to the court, that in June, 1845, the wife of the prisoner disappeared from his residence in…
1Opinion of the CourtBalcom, J.
If the prisoner murdered his wife, he committed such crime before he was indicted for her abduction; and on his trial for the latter offence the court charged the jury, if the evidence satisfied them that he had murdered her, they must acquit him of the crime of abducting her; but he was convicted of her abduction, and has been imprisoned ten years for that offence. He now claims that his trial and conviction for abducting his wife are a bar to all proceedings upon the indictment against him for her murder; but it is unnecessary to pass upon that question in this proceeding, for, were it…
2Cited by3 opinions
- People ex rel. Stabile v. Warden of the City PrisonAppellate Division of the Supreme Court of the State of New York · 1910
- Hovey v. SheffnerWyoming Supreme Court · 1908
- People ex rel. Sabatina v. JenningsNew York Supreme Court · 1919