Legal Opinion

Sanchez v. . the People

New York Court of Appeals

Decided September 5, 1860PublishedCited by 40 opinions

Writ of error to Supreme Court. The plaintiff in error was indicted in the Court of General Sessions of the city and county of ¡New York, in March, 1859, for the murder of Harmon Curnon, and was tried and convicted of murder in the same court, in June following. Judgment and sentence of death was pronounced upon him, to be executed on the 22d day of July then next.

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Writ of error to Supreme Court. The plaintiff in error was indicted in the Court of General Sessions of the city and county of ¡New York, in March, 1859, for the murder of Harmon Curnon, and was tried and convicted of murder in the same court, in June following. Judgment and sentence of death was pronounced upon him, to be executed on the 22d day of July then next. After the verdict was rendered and before judgment was pronounced, a motion was made on behalf of the prisoner in arrest of judgment, which motion was denied by the General Sessions. A writ of error was after-wards brought upon the…

1Opinion of the CourtWelles, J.

The first question raised upon the argument here, relates to the sufficiency of the indictment.

The indictment charges the commission of the murder in the following words: “ And that the said Felix Sanchez, with a certain sword which he the said Felix Sanchez, in his right hand then and there had and held, the said Harmon Curnon, in and upon the body of him the said Harmon Curnon, then and there willfully and feloniously, and of his malice aforethought, did stab, cut and wound, giving unto the said Harmon Curnon then and there with the sword aforesaid, in and upon the body of him the said…

2Cases cited1 opinion

  1. People v. BodineCourt for the Trial of Impeachments and Correction of Errors · 1845

3Cited by40 opinions

  1. People v. RomeroNew York Court of Appeals · 2006
  2. Gold-Mining Co. v. National BankSupreme Court of the United States · 1878
  3. People v. . McQuadeNew York Court of Appeals · 1888
  4. Putnam v. United StatesSupreme Court of the United States · 1896
  5. Thomas v. . PeopleNew York Court of Appeals · 1876

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