People of the State of New York v. . Dunn
New York Court of Appeals
Error to the General Term of the Supreme Court, in the first judicial department, to review order made May 27, 1882, which reversed a judgment of the Court of General Sessions of the Peace, in and for the city and county of New York, the nature of which, as well as the material facts, are stated in the opinion.
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Error to the General Term of the Supreme Court, in the first judicial department, to review order made May 27, 1882, which reversed a judgment of the Court of General Sessions of the Peace, in and for the city and county of New York, the nature of which, as well as the material facts, are stated in the opinion. (Eeported below, 27 Hun, 272.) The trial was had in February, 1881. The several counts in the indictment were all for misdemeanors, arising out of one transaction, and therefore properly included in one indictment. (People v. McGeery, 6 Park. 653; People v. Bruno, id. 657.) The…
1Opinion of the CourtFinch, J.
The conviction of the prisoner was reversed by the General Term upon the ground that the indictment charged, and the trial proceeded upon two separate and distinct misdemeanors, different in their character, and not punishable in the same manner, and that a general verdict on all the counts was permitted without selection by the prosecutor or conviction by the jury of one only of the offenses joined. For this reason a new trial was ordered, and the further investigation of the prisoner’s guilt directed to be confined to either the first three, or the last two counts of the indictment; that…
2Cases cited1 opinion
- Hawker v. . the PeopleNew York Court of Appeals · 1878
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- People v. DileoAppellate Division of the Supreme Court of the State of New York · 1920
- People v. KernsAppellate Division of the Supreme Court of the State of New York · 1896
- People v. HarmonNew York Supreme Court · 1888
- Pueblo v. CorreaSupreme Court of Puerto Rico · 1923
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