Legal Opinion

People v. McKane

New York Supreme Court

Decided July 27, 1894PublishedCited by 9 opinions

Appeal from court of oyer and terminer, Kings county. John Y. McKane was convicted of violating the election laws, and appeals. Affirmed.

1Opinion of the CourtLandon, J.

The court of oyer and terminer, at which the defendant was indicted, was held in pursuance of an appointment made by the governor. Section 234 of the Code of Civil Procedure provides that “the governor may, when, in his opinion, the public interest so requires, appoint one or more extraordinary general or special terms of the supreme court, or terms of a circuit court, or court of oyer and terminer.” The language of the governor’s appointment is: “I do hereby appoint an extraordinary court of oyer and terminer to be held,” etc. The counsel for the appellant urges that the power to appoint an…

2Cases cited4 opinions

  1. People v. . HarrisNew York Court of Appeals · 1893
  2. Farley v. McConnellNew York Supreme Court · 1872
  3. People Ex Rel. Stone v. MinckNew York Court of Appeals · 1860
  4. Merz v. City of BrooklynNew York City Court · 1890

3Cited by9 opinions

  1. Williamson v. StateCourt of Criminal Appeals of Texas · 1914
  2. People v. . FerraraNew York Court of Appeals · 1910
  3. People v. CanforaNew York Court of General Session of the Peace · 1957
  4. People v. FayAppellate Division of the Supreme Court of the State of New York · 1945
  5. Smith v. StateArizona Supreme Court · 1921

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