People v. Stone
New York Supreme Court
The defendant was tried on an indictment for perjury at the oyer and terminer in Rensselaer county, in November last, and found guilty by the jury. An application was made to that court for a new trial; the court doubted its power to grant a new trial on the merits, and suspended sentence to give the defendant an opportunity to apply to this court for its opinion, as to the power of the court of oyer and terminer to grant a new trial. The question was argued in this court by
1Opinion of the Court
By the Court,
Marcy, J.
If a court of oyer and terminer have not the power to grant a new trial in any case on the merits, the defendant is remediless, however erroneous may have been his conviction. The advice of this court cannot confer authority. Whatever we may think of the merits of the cause as disclosed in the case ; whatever opinion we may entertain of the views of the court on the law, the communication of our sentiments on these matters can give that court no new powers. Whenever this court gives its advice to any magistrate or tribunal, it must be considered as relating to the…
2Cases cited1 opinion
- People v. TownsendNew York Supreme Court · 1799
3Cited by2 opinions
- Jones v. . the PeopleNew York Court of Appeals · 1879
- State v. MillerSupreme Court of Minnesota · 1865