Hartung v. . the People
New York Court of Appeals
Wbit of error to the Supreme Court. Mary Hartung, the plaintiff in error, was indicted and convicted in the Albany Oyer and Terminer, for the murder of her husband by poisoning.
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Wbit of error to the Supreme Court. Mary Hartung, the plaintiff in error, was indicted and convicted in the Albany Oyer and Terminer, for the murder of her husband by poisoning. He died on the 21st of April, 1858. Sentence having been pronounced, the record of the Oyer and Terminer, together with a bill of exceptions .taken by the prisoner, were brought by writ of error to the Supreme Court, and the judgment against her having been affirmed, at general term in the third district, a writ of error from this court was allowed. The exceptions taken upon the trial were here all determined against…
1Opinion of the Court
By the Court—Denio, J.:
* * But a question of great importance arises under the act of April last, in relation to capital punishments. (Oh, 410 of the Laws of 1860.) By the terms of that statute, all those portions of the existing statutes which provided for the punishment of death on convictions for crime were repealed, without any saving in respect to offences already committed. This repeal was effected by amending the first section of the first chapter of the fourth part of the Revised Statutes, which declared that all persons who should be convicted of treason, murder or arson in the first…
2Cases cited4 opinions
- Calder v. BullSupreme Court of the United States · 1798
- Fletcher v. PeckSupreme Court of the United States · 1810
- Yeaton and Others, of the Schooner General Pinkney and Cargo v. The United StatesSupreme Court of the United States · 1809
- The United States v. Thomas PassmoreSupreme Court of the United States · 1804
3Cited by107 opinions
- Kring v. MissouriSupreme Court of the United States · 1883
- People v. PattersonNew York Court of Appeals · 1976
- People v. BroadieNew York Court of Appeals · 1975
- Wilkerson v. UtahSupreme Court of the United States · 1879
- Warden v. MarreroSupreme Court of the United States · 1974
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