Canter v. People
New York Court of Appeals
John A. Canter, the plaintiff in error, was indicted in the New York general sessions in June, 1865, for that, willfully and feloniously on the 1st of February in that year, he had in his possession a certain forged and counterfeit note commonly called a bank note, issued by the Mechanics’ Bank of Few Haven, in the State of Connecticut, of the denomination of ten dollars, with intent then and feloniously to utter and pass the same.
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John A. Canter, the plaintiff in error, was indicted in the New York general sessions in June, 1865, for that, willfully and feloniously on the 1st of February in that year, he had in his possession a certain forged and counterfeit note commonly called a bank note, issued by the Mechanics’ Bank of Few Haven, in the State of Connecticut, of the denomination of ten dollars, with intent then and feloniously to utter and pass the same. Upon the arraignment of the prisoner, he interposed a plea of autrefois acquit, which set forth an indictment found against him in the same words as the present…
1Opinion of the Court
By the Court.
Davies, Ch. J.
Assuming, as we may for the purpose of deciding this case, that the offense set forth in the first indictment, and upon which the prisoner was tried and acquitted, was the same offense as that charged in the second indictment, and upon which he has been tried and convicted, it by no means follows, as contended for by the counsel for the prisoner, that such verdict of acquittal forms a bar to the trial upon this indictment. ,
It is claimed by the plaintiff in error that his arraignment and trial upon this second indictment is an infraction on the 5th Article of the…
2Cases cited4 opinions
- United States v. PerezSupreme Court of the United States · 1824
- Commonwealth v. BowdenMassachusetts Supreme Judicial Court · 1813
- People v. Barrett & WardNew York Supreme Court · 1806
- Burns v. PeopleNew York Supreme Court · 1848
3Cited by5 opinions
- People v. . SmithNew York Court of Appeals · 1902
- People ex rel. Adams v. MoranNew York Supreme Court · 1962
- People v. Stanton, New York County Courts1914
- People v. . DillonNew York Court of Appeals · 1910
- People v. StantonOneida County Court · 1914