People v. Bradwell
New York Supreme Court
Certiorari to the Court of -Oyer and Terminer of the county of Washington. The defendant was indicted in the Court of General Sessions of the Peace, for feloniously passing several counterfeit bank bills.
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Certiorari to the Court of -Oyer and Terminer of the county of Washington. The defendant was indicted in the Court of General Sessions of the Peace, for feloniously passing several counterfeit bank bills. A Circuit Court, and Court of Oyer and Terminer, were duly appointed, to be holden at the Court house in the town of Salem, in the county of Washington, on the 1st Monday of January, 1824; on which day Judge Walworth appeared, and opened the Circuit Court, and proceeded to business therein; but neither of the county Judges arrived during that day. On the adjournment of the Circuit Court, on…
1Opinion of the Court
Curia.
There is no express provision, in the statute, for adjourning in a case like the present; and we think there is no implied power to adjourn. The proceedings of the Judges were corara non judice, and void; and we advise that the prisoner be arraigned, plead, de novo, and be tried at the next Oyer and Terminer for Washington county.
Lathrop, suggested that as the record was, he might be embarrassed, on bringing up the prisoner at the next Oyer and Terminer, by a plea of auterfois convict, and submitted whether the Court would not direct a rule to be entered, setting aside the proceedings ;…
2Cited by9 opinions
- Union Pacific Railway Co. v. HandSupreme Court of Kansas · 1871
- People v. . SullivanNew York Court of Appeals · 1889
- In re TerrillSupreme Court of Kansas · 1893
- Wilson v. StateCourt of Criminal Appeals of Oklahoma · 1910
- In Re McClaskeySupreme Court of Oklahoma · 1894
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