People v. Ward
New York Court of General Session of the Peace
The defendant was brought to trial upon an indictment for petit larceny. after having opened the case, produced a witness who testified that Benjamin Weston, the complainant, was a non-resident at the time of the alleged commission of the offence; that he left this State immediately afterwards, and was now absent from the State.
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The defendant was brought to trial upon an indictment for petit larceny. after having opened the case, produced a witness who testified that Benjamin Weston, the complainant, was a non-resident at the time of the alleged commission of the offence; that he left this State immediately afterwards, and was now absent from the State. The Assistant District Attorney then offered in evidence the deposition of Weston, taken under the act of 1844, chapter 315, page 476, section 11, and the act of 1846, chapter 302, page 408, section 9. objected, on the ground that the order of the judge, under which…
1Opinion of the Court
The indictment was not found until the 22d day of December, 1859.
Defendant’s counsel contended that, as this case was not in the Court of Sessions at the time of the granting of the order entitled in that court, the deposition, although entitled “The *519People on complaint of Benjamin Weston against George L. Ward,” was inadmissible. To sustain this position, People v. Chrystal (8 Barb., 545), Milliken v. Selye (3 Denio, 54; 12 John., 460,) were relied on.
After hearing the Assistant District Attorney in opposition, the court sustained the objection and ruled out the deposition.
The defendant was…
2Cases cited3 opinions
- In re BronsonNew York Supreme Court · 1815
- Milliken v. SelyeNew York Supreme Court · 1846
- People v. ChrystalNew York Supreme Court · 1850