Patterson v. People
New York Supreme Court
RIT of error to the court of oyer and terminer of Jefferson county. The prisoner, James Patterson, was indicted jointly with John Maher, Charles Dyer and Robert Underwood, for the murder of Alexander Heal,' at Water-town, in Jefferson county, on the 6th day of December, 1864. Patterson, on being arraigned, pleaded not guilty, and demanded to he separately tried.
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RIT of error to the court of oyer and terminer of Jefferson county. The prisoner, James Patterson, was indicted jointly with John Maher, Charles Dyer and Robert Underwood, for the murder of Alexander Heal,' at Water-town, in Jefferson county, on the 6th day of December, 1864. Patterson, on being arraigned, pleaded not guilty, and demanded to he separately tried. On the trial the counsel for the prisoner, Patterson, asked the court to control the discretion of the district attorney, and direct him to move the trials of the prisoners Underwood and Dyer, first, and said that he would furnish the…
1Opinion of the Court
By the Court, Bacon, J.
It can not be necessary to expend any time upon the first three points made by the counsel for the plaintiff in error, grounded upon the exceptions therein referred to. When prisoners are j ointly indicted, *633and they elect to have separate trials, it has always been allowed to the district attorney to determine which of them he will first put upon his trial. It is purely a matter of discretion with him, and as he is by far the most competent, from his familiarity with the facts expected to-be proved, to judge in this matter, his discretion will not be interfered with by…
2Cases cited3 opinions
- The People v. . McCannNew York Court of Appeals · 1857
- Walter v. . the PeopleNew York Court of Appeals · 1865
- Williams v. . the PeopleNew York Court of Appeals · 1865
3Cited by9 opinions
- Wesley v. StateMississippi Supreme Court · 1872
- State v. HuffSupreme Court of New Jersey · 1954
- The People v. . SchryverNew York Court of Appeals · 1870
- Chase v. StateMississippi Supreme Court · 1872
- Wartena v. StateIndiana Supreme Court · 1886
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