Burns v. People
New York Supreme Court
EIT of error to the court of oyer and terminer of the county of Schenectady, to reverse a .conviction for perjury at an election.
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EIT of error to the court of oyer and terminer of the county of Schenectady, to reverse a .conviction for perjury at an election. The indictment alleged, that on the 8th day of November, A. D. 1870, at the city of Schenectady, in the county of Schenectady, and State of New York, at a general election, held in said city and county aforesaid, for the choice of a governor, lieutenant-governor, a comptroller, two canal commissioners, an inspector of State prisons of the State aforesaid; for the choice of a member of congress from the eighteenth congressional district of the State aforesaid, and…
1Opinion of the CourtMiller, P. J.
The first objection urged to the indictment is, that it is defective because it does not state the *542number of-the Inspectors of the election to be held. It alleges that “ the board being then and there duly authorized to administer an oath,’'’-Ac., and that Burns being sworn, &c., did commit perjury. XJXthink that the general allegation of jurisdiction to administer the oath is sufficient, without stating in detail the nam\es or the number of the inspectors who constituted the 'board. Even if. there might be some doubt upon the question whether all the facts showing jurisdiction should be…
2Cases cited6 opinions
- Sanchez v. . the PeopleNew York Court of Appeals · 1860
- McKillip v. McKillipNew York Supreme Court · 1850
- People v. PhelpsNew York Supreme Court · 1830
- Campell v. PeopleNew York Supreme Court · 1832
- Rumsey v. LeekNew York Supreme Court · 1830
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Brownell v. . Town of GreenwichNew York Court of Appeals · 1889
- Robertson v. PerkinsSupreme Court of the United States · 1889
- Gray v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Harp v. StateSupreme Court of Arkansas · 1894
- Basford v. CranfordCourt of Appeals of Maryland · 1915
4 more not listed; retrieve them via the Exa API.