Real v. . the People
New York Court of Appeals
Ebbob to the G-eneral Term of the Supreme Court, in the first judicial district, to review the judgment of that court affirming the conviction of the plaintiff in error, in the court of Oyer and Terminer, in the city and county of ¡New York, for the murder of John Smedick. John Real, the plaintiff in error, was indicted at the ¡New York Sessions, August, 1868, for the murder of John Smedick, by shooting him in the head with a pistol.
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Ebbob to the G-eneral Term of the Supreme Court, in the first judicial district, to review the judgment of that court affirming the conviction of the plaintiff in error, in the court of Oyer and Terminer, in the city and county of ¡New York, for the murder of John Smedick. John Real, the plaintiff in error, was indicted at the ¡New York Sessions, August, 1868, for the murder of John Smedick, by shooting him in the head with a pistol. The indictment was sent to the Oyer and Terminer, by order dated August sixth, and was tried in the latter court in February, 1869, Justice George G. ¡Barnard…
1Opinion of the CourtGrover, J.
Although the case was heard in the General Term of the Supreme Court, before the election in 1869, at which the judiciary article submitted to the electors was adopted, yet the case was not decided until after the canvass of the votes by the State canvassers and the result showing the adoption of the article was announced by that board. The record shows that one of the three justices by whom the General Term w'as held presided at the Oyer and Terminer at which the plaintiff was tried .and convicted, and that he was one of the two justices who concurred in affirming the judgment. The counsel…
2Cases cited3 opinions
- La Beau v. . the PeopleNew York Court of Appeals · 1866
- Newcomb v. . GriswoldNew York Court of Appeals · 1862
- O'Brien v. . the PeopleNew York Court of Appeals · 1867
3Cited by83 opinions
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- Hill v. StateNebraska Supreme Court · 1894
- State v. TaylorSupreme Court of Missouri · 1893
- State v. KyleSupreme Court of Missouri · 1901
- State v. PraterWest Virginia Supreme Court · 1902
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