Starin v. . the People
New York Court of Appeals
Appeal from the judgment of the late General Term of the Supreme Court, in the fourth judicial district, affirming a conviction at the Montgomery Oyer and Terminer. Starin and Fonda were indicted in Montgomery county, in May, 1866, as accessories before the fact, to burglary in the first degree, and larceny, committed by Disbrow, and John, Charles and WilliamVanVoast, as principals.
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Appeal from the judgment of the late General Term of the Supreme Court, in the fourth judicial district, affirming a conviction at the Montgomery Oyer and Terminer. Starin and Fonda were indicted in Montgomery county, in May, 1866, as accessories before the fact, to burglary in the first degree, and larceny, committed by Disbrow, and John, Charles and WilliamVanVoast, as principals. Disbrow pleaded guilty, and was sentenced to ten years imprisonment; Fonda was tried and convicted, sentenced for ten years, and after serving two years, was pardoned; William Van Toast turned State’s evidence,…
1Opinion of the Court
Church, Oh. J.
The plaintiff in error was indicted as accessory before the fact to the crime of burglary in the first degree, committed by four principals named in the indict ment. At the Montgomery Oyer and Terminer, held on the 13th day of May, 1867 (the prisoner having been arraigned and plead not guilty to the indictment), the district attorney moved the trial of the prisoner, who, by his counsel, objected to proceeding with the trial until after the conviction of all the principals named in the indictment. The district attorney then admitted that but one of the principals had been…
2Cases cited1 opinion
- Rouse v. . WhitedNew York Court of Appeals · 1862
3Cited by11 opinions
- Excelsior Ins. Co. of N.Y. v. State of New YorkNew York Court of Appeals · 1946
- State v. SorterSupreme Court of Kansas · 1893
- State of S. Dak. v. BachelorSouth Dakota Supreme Court · 1940
- People v. BeintnerNew York Supreme Court · 1918
- Moore v. StateCourt of Criminal Appeals of Texas · 1899
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