People v. Gray
New York Supreme Court
Error from the Schenectady general sessions. George Gray was indicted as an accessary before the fact to a burglary committed by one John Saxby, and was tried, convicted and sentenced to the state’s prison. He sued out a writ of error.
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Error from the Schenectady general sessions. George Gray was indicted as an accessary before the fact to a burglary committed by one John Saxby, and was tried, convicted and sentenced to the state’s prison. He sued out a writ of error. In the return to which, tivo indictments are set forth; one found at the Schenectady oyer and terminer on the 20th October, 1840, charging Saxby with having burglariously entered the dwelling house of one Oharles Sanders, and stolen therefrom a gold watch of the value of $50, and 14 silver watches; which indictment also charged Gray, with having feloniously…
1Opinion of the Court
By the Court,
Nelson, C. J.
The record of judgment has not been brought up, and objections to errors in form, that might be corrected in making it up, cannot be entertained. The return of the clerk of the sessions need contain no more than a copy of the indictment, bill of exceptions, and judgment of the court. 2 R. S. 620, § 20. It was stated on the argument that two distinct offences of burglary of different degrees were contained in the same count against the prisoner; but on looking at the return, the objection is not sustained in point of fact. The indictment against the principal, a copy…
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