People v. Barry
New York Supreme Court
Writ of error to the General Sessions. The prisoner was, on the 21st of May, 1858; indicted for assault, with intent to kill, upon one Philip Wolfe, and also for a robbery committed, as averred in a second indictment, on the same day, in stealing over $100, by violence, from the person of Philip Wolfe.
Read the full summary
Writ of error to the General Sessions. The prisoner was, on the 21st of May, 1858; indicted for assault, with intent to kill, upon one Philip Wolfe, and also for a robbery committed, as averred in a second indictment, on the same day, in stealing over $100, by violence, from the person of Philip Wolfe. To the first indictment the defendant pleaded guilty of an assault and battery, and was sentenced to four months’ imprisonment on October 23,1858. On Rovember 5, 1858, a notice was given of a motion for a new trial, and on Rovember 15, 1859, an order was made,in the General Sessions, by…
1Opinion of the Court
By the Court.*—Sutherland, J.
The order of the City Judge on ¡November 15, 1858, quashing the previous conviction of the defendant Barry, and his sentence on such conviction, by the Recorder, on October 23,1858, and revoking and annulling the Recorder’s order of imprisonment, was not a judgment upon the indictment, but was, or purported to be, an order quashing and annulling the previous proceedings before and by the Recorder in this case.
The act of 1852 allowing writs of error to be brought in behalf of the People in certain cases, allows such writ, “ to review any judgment rendered in favor…
2Cases cited1 opinion
- People ex rel. Barron v. Monroe Oyer & TerminerNew York Supreme Court · 1838
3Cited by2 opinions
- People v. Benson, New York County Courts1955
- Railway v. BosworthOhio Supreme Court · 1888