People v. . Palmer
New York Court of Appeals
Appeal from portions of an order of the General Term of the Supreme Court in the third judicial department, made Hovember 16, 1886, which affirmed a judgment of the Court of Sessions of the county of Greene, convicting the defendant of the crime of assault in the third degree; also, appeal from order of said General Term made May 3, 1887. The defendant was indicted in December, 1885, for an assault in the first degree, at the Greene county Oyer and Terminer, and was tried…
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Appeal from portions of an order of the General Term of the Supreme Court in the third judicial department, made Hovember 16, 1886, which affirmed a judgment of the Court of Sessions of the county of Greene, convicting the defendant of the crime of assault in the third degree; also, appeal from order of said General Term made May 3, 1887. The defendant was indicted in December, 1885, for an assault in the first degree, at the Greene county Oyer and Terminer, and was tried before the Court of Sessions. He-was convicted of an assault in the third degree and on appeal the General Term reversed…
1Opinion of the CourtGray, J.
The appellant contends that as he was convicted of assault in the third degree he was thereby acquitted of assault in the higher degrees, and cannot be again tried under the indictment, and that, upon the reversal of the judgment of conviction, there was nothing left but a charge of assault m the third degree; of which charge the Oyer and Terminer had not jurisdiction. While that court had jurisdiction of the offense charged in the indictment, a charge of assault in the third degree seems exclusively cognizable, in the first instance, by the Court of Special Sessions, except a certificate…
2Cases cited1 opinion
- Kring v. MissouriSupreme Court of the United States · 1883
3Cited by59 opinions
- Trono v. United StatesSupreme Court of the United States · 1905
- United States ex rel. Hetenyi v. WilkinsCourt of Appeals for the Second Circuit · 1965
- People v. JacksonNew York Court of Appeals · 1967
- People v. . CignaraleNew York Court of Appeals · 1888
- People v. . McGrathNew York Court of Appeals · 1911
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