Eighmy v. . the People
New York Court of Appeals
Motion to dismiss a writ of error. The nature of the writ and the facts appear sufficiently in the opinion. A writ of error could not be brought, and this court cannot review the proceedings below until judgment. (2 R S., 738, § 4; 2 Edm. Stat., 763 ; Weed v. People, 31 N. Y., 465.) The courts will not take judicial notice of the granting of a pardon by the executive.
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Motion to dismiss a writ of error. The nature of the writ and the facts appear sufficiently in the opinion. A writ of error could not be brought, and this court cannot review the proceedings below until judgment. (2 R S., 738, § 4; 2 Edm. Stat., 763 ; Weed v. People, 31 N. Y., 465.) The courts will not take judicial notice of the granting of a pardon by the executive. (U. 8. v. Wilson, 7 Pet., 150.) A pardon by the executive must be specially pleaded in order that the defendant may have the benefit of it on his trial. (1 Chitty’s Cr. Law [5th Am. ed.], 466-470; Steph. Cr. Law, 377 ; 1 Bish.…
1Opinion of the CourtDaxfobth, J.
Upon the case before us the plaintiff in error has no standing in this court. He was indicted for perjury under the statute, at a term of the Saratoga Oycr and Terminer, and after a plea of not guilty, the indictment, was sent to the Court of Sessions, where he was convicted, and sent to a State prison. By writ of error the judgment, was taken to the Supreme Court and at a General Term, thereof held in Albany county in January, 1879, it was affirmed. The error book shows an order of affirmance by that court, but the order although filed does- not appear to. have been entered in Saratoga…
2Cases cited2 opinions
- Manke v. . PeopleNew York Court of Appeals · 1878
- Weed v. . the PeopleNew York Court of Appeals · 1865
3Cited by12 opinions
- In the Matter of ____, an AttorneyNew York Court of Appeals · 1881
- People v. Del RioNew York Court of Appeals · 1964
- Nelson v. CommonwealthCourt of Appeals of Kentucky · 1908
- State v. JacobsonSupreme Court of Missouri · 1941
- In re CasablancaSupreme Court of Puerto Rico · 1922
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