People v. Winchell
New York Supreme Court
The defendant having been indicted in the Oneida general sessions, for perjury, removed the cause into this court by certiorari; so that it stood on the civil side, and was tried at the circuit. The defendant being convicted, the district attorney moved for a capzas against him, he being out on bail. On the 17th of October, the district attorney filed the n'isi prius record, with the postea, &c. The defendant had not been arrested on the capias, nor did he now appear.
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The defendant having been indicted in the Oneida general sessions, for perjury, removed the cause into this court by certiorari; so that it stood on the civil side, and was tried at the circuit. The defendant being convicted, the district attorney moved for a capzas against him, he being out on bail. On the 17th of October, the district attorney filed the n'isi prius record, with the postea, &c. The defendant had not been arrested on the capias, nor did he now appear. But, moved for judgment in his absence, suggesting that his presence w~s not necessary.
1Opinion of the Court
The Court,
however, refused to render judgment.
Motion denied.(a)
The rule seems to be well settled, that sentence of corporal punishment cannot be given against a convict without his actual presence. (Lofft, 400.) This has been directly held in respect to punishment by the pillory, for perjuiy; on which occasion the rule will be found stated as above in respect to all corporal punishment. (Ld. Raym. 267. 1 Salk. 400. Skin. 684.) Corporal punishment seems to mean any hind of corporal privation or suffering which is inflicted by the sentence, directly by way of penalty for the offence; and in…
2Cited by11 opinions
- People v. . ThornNew York Court of Appeals · 1898
- People Ex Rel. Lupo v. FayNew York Court of Appeals · 1963
- State ex rel. Boner v. BolesWest Virginia Supreme Court · 1964
- Harris v. PeopleIllinois Supreme Court · 1889
- Brooks v. PeopleIllinois Supreme Court · 1878
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