Barron v. . the People
New York Court of Appeals
Error to the supreme court. Barron was indicted in the New-York general sessions for grand larceny, committed in that city. The indictment was removed into the New-York oyer and terminer, and tried there..
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Error to the supreme court. Barron was indicted in the New-York general sessions for grand larceny, committed in that city. The indictment was removed into the New-York oyer and terminer, and tried there.. On the trial the district attorney offered to read in evidence against the defendant the deposition of James Whaley Bennett, purporting to have been taken de bene esse on the 27th of April, 1847, before the recorder of the city, pursuant to Stat. 1844, p. 476, § 11. The deposition was filed on the 30th of April—three days after it was taken. To authorize the reading the district attorney…
1Opinion of the CourtBronson, J.
When certain offences are committed in the city and county of New-York, against persons being in, but not being residents of the city, the testimony of all witnesses in the matter, being in, but not residing in the city, may,"on the appli cation of the district attorney, be taken de bene esse, before a judge, out of court. The witness must be examined in presence of the accused; the examination must be reduced to writing, and filed in the office of the clerk of the court of sessions; and may be used before the grand jury, and all courts and tribunals having jurisdiction of the subject matter,…
2Cases cited1 opinion
- People v. HaddenNew York Supreme Court · 1846
3Cited by7 opinions
- Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
- People v. . QualeyNew York Court of Appeals · 1914
- Hunter v. International Ry. Imp. Co.U.S. Circuit Court for the District of Southern New York · 1886
- Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
- People v. MurphyNew York Supreme Court · 1882
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