People v. Enoch
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. Enoch was convicted of murder at the Suffolk oyer and terminer in June, 1834, and sentenced to be executed on the 3lst July following. His execution was respited by the governor until the 14th of November, and in the mean time a writ of error was sued out, removing the record into the supreme court.
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Error from the supreme court. Enoch was convicted of murder at the Suffolk oyer and terminer in June, 1834, and sentenced to be executed on the 3lst July following. His execution was respited by the governor until the 14th of November, and in the mean time a writ of error was sued out, removing the record into the supreme court. In the indictment it was charged that the accused, on the twenty-sixth day of September, in the year one thousandeightliundredcmd thirty-three, with force and arms, at, &c. feloniously, wilfully, and of his malice aforethought, made an assault upon Nancy Enoch his…
1Opinion of the Court
The following opinion was delivered :
By the Chancellor.
The plaintiff in error has been convicted of the crime of murder, for an offence committed subse- • quent to the revised statutes ; but the conviction is upon an indictment in the usual form, in which indictments for that offence were framed previous to the revision. The important question presented by this writ of error, therefore, is, whether the revised statutes, in which the crime of murder is attempt.ed to be defined and declared, have made it necessary for the public prosecutor to change the common law form of the indictment for an…
2Cited by59 opinions
- People v. LyttonNew York Court of Appeals · 1931
- The People v. . ConroyNew York Court of Appeals · 1884
- People v. WoodNew York Court of Appeals · 1960
- People v. RectorNew York Supreme Court · 1838
- People v. . NicholsNew York Court of Appeals · 1921
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