People v. Genet
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, denying a motion for a mandamus directed to and to compel the Court of Oyer and Terminer of the city and county of New York to settle and seal a proposed bill of exceptions.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, denying a motion for a mandamus directed to and to compel the Court of Oyer and Terminer of the city and county of New York to settle and seal a proposed bill of exceptions. The applicant, Henry W. Genet, was convicted of felony at the December term for 1873 of the Oyer and Terminer, and upon such conviction was committed to custody to await sentence pending an application for the sett-lenient of a bill of exceptions. Before that application was disposed of or sentence pronounced he escaped from…
1Opinion of the CourtJohnson, J.
The order appealed from denies the defendant’s application for a mandamus to compel the sealing of a proposed bill of exceptions relating to the trial of the defendant for a felony, of which he was found guilty by the verdict of the jury.
The sole ground on which the mandamus was denied is, that after the defendant was found guilty, and before sentence, he escaped out of custody and still remains at large. We think it essential to any step, on behalf of a person charged with felony after indictment found, that he should be in custody ; either actual, by being confined in jail, or constructive…
2Cases cited3 opinions
- Commonwealth v. MullenMassachusetts Supreme Judicial Court · 1867
- People v. PetryNew York Court of Common Pleas · 1858
- People v. WilkesNew York Supreme Court · 1850
3Cited by2 opinions
- Quinn v. BurtonMassachusetts Supreme Judicial Court · 1907
- Munro v. SmithCourt of Appeals for the First Circuit · 1919