People v. . Johnson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 30, 1887, which affirmed a judgment of the Court of Oyer and Terminer in and for the county of .Seneca, entered upon a verdict convicting the defendant of the crime of murder in the first degree. The recital in the warrant of arrest that “ information upon oath having been this day laid before me,” etc., was not sufficient.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 30, 1887, which affirmed a judgment of the Court of Oyer and Terminer in and for the county of .Seneca, entered upon a verdict convicting the defendant of the crime of murder in the first degree. The recital in the warrant of arrest that “ information upon oath having been this day laid before me,” etc., was not sufficient. If the information was taken, and evidence taken under it, the papers should have been returned. (Code Criminal Pro,. §§ 205, 208.) Con ceding…
1Opinion of the Court
Ruger, Ch. J.
The defendant was jointly indicted with Edward Caldwell and Marcus Fish for the murder of John Walters on the 9th day of January, 1887. Johnson elected to have a separate trial, which was awarded to him, and took place on the 4th and 5th days of April, 1887 and resulted in his conviction of the crime of murder in the first degree. The conviction was affirmed by the General Term of the Supreme Court, and the defendant appeals from the judgment of affirmance to this court. We have carefully examined the evidence appearing in the record and are of the opinion that it fully supports…
2Cases cited2 opinions
- Wright v. . NostrandNew York Court of Appeals · 1883
- Scott v. ElyNew York Supreme Court · 1830
3Cited by51 opinions
- Snyder v. MassachusettsSupreme Court of the United States · 1934
- People v. . SullivanNew York Court of Appeals · 1903
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- People v. ShedrickNew York Court of Appeals · 1985
- State v. MortensenUtah Supreme Court · 1903
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