Woodford v. . People of the State of N.Y.
New York Court of Appeals
Ebbor to the General Term of the Supreme Court in the third judicial department, to review judgment affirming a judgment entered upon a verdict convicting plaintiff in error of arson in the first degree. (Reported below, 3 Hun, 310; o T. & 0., 539.) The plaintiff in error was indicted jointly with one Stone.
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Ebbor to the General Term of the Supreme Court in the third judicial department, to review judgment affirming a judgment entered upon a verdict convicting plaintiff in error of arson in the first degree. (Reported below, 3 Hun, 310; o T. & 0., 539.) The plaintiff in error was indicted jointly with one Stone. The indictment contained two counts; the first count charged that the accused, on the 27th day of October, 1873, ‘‘ at the town of Lenox, in the county of Madison, aforesaid, with force and arms in the night-time of the said day, certain dwelling-houses, the property of the several…
1Opinion of the Court
Church, Ch. J.
The questions presented relating to the sufficiency of the indictment were properly regarded upon the argument as the most material and important. They were presented in various stages of the trial and upon a motion in arrest of judgment. The indictment contains two counts, and it may be conceded is not drawn with that legal precision and exactness which is desirable in criminal pleadings, but if a fair and reasonable construction will save it from objection of fatal defectiveness and if the prisoner has not been legally prejudiced, it is the duty of the court to sustain the…
2Cases cited4 opinions
- People v. WrightNew York Supreme Court · 1832
- Barnes v. StateSupreme Court of Connecticut · 1850
- Taggard v. Curtenius & JonesNew York Supreme Court · 1836
- Hennessey v. PeopleNew York Supreme Court · 1861
3Cited by31 opinions
- State v. LaundyOregon Supreme Court · 1922
- Commonwealth v. LockhartSuperior Court of Pennsylvania · 1972
- The People v. AllenIllinois Supreme Court · 1937
- Andersen v. United StatesSupreme Court of the United States · 1898
- People Ex Rel. Flinn v. BarrNew York Court of Appeals · 1932
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