People v. . Nesce
New York Court of Appeals
Appeal from a judgment of the Supreme Court, rendered March 30, 1910, at a Trial Term for the county of Seneca, upon a verdict convicting the defendant of the crime of murder in the first degree. The facts, so far as material, are stated in the opinion. The failure of the clerk to ask the defendant when he appeared for judgment whether he had any legal cause to show why judgment should not be pronounced against him deprived defendant of a substantial legal right. (Code Crim.
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Appeal from a judgment of the Supreme Court, rendered March 30, 1910, at a Trial Term for the county of Seneca, upon a verdict convicting the defendant of the crime of murder in the first degree. The facts, so far as material, are stated in the opinion. The failure of the clerk to ask the defendant when he appeared for judgment whether he had any legal cause to show why judgment should not be pronounced against him deprived defendant of a substantial legal right. (Code Crim. Pro., §. 480; Messner v. People, 45 N. Y. 1; People v. Faber, 199 N. Y. 256; People v. Bowser, 196 N. Y. 299.) The…
1Opinion of the CourtHaight, J.
At the March, 1910, Trial Term of the Supreme Court, Seneca county, the defendant was tried and convicted of the crime of murder in the first degree. After the jury had rendered its verdict the defendant’s counsel waived the two days’ stay given by the statute and consented that the court might then proceed to judgment. Thereupon the district attorney moved the sentence of the defendant. He was then sworn, and answered as to his age, place of birth, etc., but was not asked as to whether he had anything to say why sentence should not be pronounced against him. The court thereupon pronounced…
2Cases cited3 opinions
- Ball v. United StatesSupreme Court of the United States · 1891
- People v. . FaberNew York Court of Appeals · 1910
- Messner v. . the PeopleNew York Court of Appeals · 1871
3Cited by26 opinions
- People v. McClainNew York Court of Appeals · 1974
- Clayton E. Gadsden v. United StatesCourt of Appeals for the D.C. Circuit · 1955
- Ronald Couch v. United StatesCourt of Appeals for the D.C. Circuit · 1956
- People Ex Rel. Woodin v. OttawayNew York Court of Appeals · 1928
- People v. CraigNew York Court of Appeals · 1946
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