Burns v. People
New York Supreme Court
This ease came up upon a writ of error issued in behalf of the defendant to the Court of Oyer and Terminer of Schenectady comity.
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This ease came up upon a writ of error issued in behalf of the defendant to the Court of Oyer and Terminer of Schenectady comity. The indictment was for perjury, at a Court of Oyer and Terminer held in and for the county of Schenectady in November, A. D. 1870. The indictment, among other things, charged as follows: “ 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,…
1Opinion of the Court
By the Court
Miller, P. J.
The first objection urged to the indictment is that it is defective, because it does not state the number of inspectors of the election to be held. It alleges that the “ board being then and there duly authorized to administer an oath,” &c., and that Burns being sworn, &c., did commit perjury. I think that the- general allegation of jurisdiction to administer the oath is sufficient, without stating in detail the names or the number of the inspectors who constitute the board.
Even if there might be some doubt upon the question whether all the facts showing jurisdiction…
2Cases cited3 opinions
- Sanchez v. . the PeopleNew York Court of Appeals · 1860
- Biggs v. PeopleNew York Supreme Court · 1850
- People v. TredwayNew York Supreme Court · 1848