Legal Opinion

People v. Snyder

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1904PublishedCited by 20 opinions

Appeal by the plaintiff, The People of the State of New York, from so much of' a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Lewis on the' 23d day of April, 1903, as was entered upon the dismissal "of the complaint by direction of the court as to the defendant Snyder, after a trial at the Lewis County Trial Term, and also from so much of an order entered in said clerk’s office on the 27th day of April, 1903,…

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Appeal by the plaintiff, The People of the State of New York, from so much of' a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Lewis on the' 23d day of April, 1903, as was entered upon the dismissal "of the complaint by direction of the court as to the defendant Snyder, after a trial at the Lewis County Trial Term, and also from so much of an order entered in said clerk’s office on the 27th day of April, 1903, as denies the plaintiff’s motion for a new trial as to the defendant Snyder, made upon the minutes.

1Opinion of the Court

Spring, J.:

The defendant and one Van Aernam were sued for a penalty in burning á fallow in violation of section 229 of the Forest, Fish and Game Law (Laws of 1900, chap. 20). The record shows that the defendant Snyder had been indicted, tried and acquitted for the same acts which constituted the cause of action. Upon the presentation of the record of acquittal the complaint was dismissed as to him and the jury acquitted Van Aernam. The People appeal only from the judgment of dismissal, and the single question up for review is whether the judgment of acquittal is a bar to the action by the…

2Cases cited12 opinions

  1. Coffey v. United StatesSupreme Court of the United States · 1886
  2. People v. . FieldingNew York Court of Appeals · 1899
  3. Stone v. United StatesSupreme Court of the United States · 1897
  4. People v. . KiblerNew York Court of Appeals · 1887
  5. People v. . MeakimNew York Court of Appeals · 1892

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3Cited by20 opinions

  1. Stout v. State Ex Rel. CaldwellSupreme Court of Oklahoma · 1913
  2. People v. Topping Bros.Criminal Court of the City of New York · 1974
  3. Jordan v. McCourtWest Virginia Supreme Court · 1950
  4. People v. One 1952 Chevrolet Bel AireCalifornia Court of Appeal · 1954
  5. Hammett v. StateSupreme Court of Oklahoma · 1914

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