Legal Opinion

The People v. . Clark

New York Court of Appeals

Decided October 5, 1852PublishedCited by 33 opinions

Writ oe Error to the Supreme Court, sitting in the first district, where the judgment of the Court of Oyer and Terminer of the city and county of New York had been reversed, on error. (Reported below, 1 Park. 355-60. Joseph Clark, the defendant in error, had been convicted of the murder of George T. Gillespie, in the New York oyer and terminer, held by Edmonds, J.; but the supreme court, on error, reversed the judgment.

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Writ oe Error to the Supreme Court, sitting in the first district, where the judgment of the Court of Oyer and Terminer of the city and county of New York had been reversed, on error. (Reported below, 1 Park. 355-60. Joseph Clark, the defendant in error, had been convicted of the murder of George T. Gillespie, in the New York oyer and terminer, held by Edmonds, J.; but the supreme court, on error, reversed the judgment. On the 10th July 1851, George T. Gillespie, the deceased, and Michael Sullivan, policemen in the fourth ward of the city of New York, were on patrol duty at the corner of…

1Opinion of the Court

* J.

The defendant was convicted of _ # ^ a murder, in the New York oyer and terminer, *- and sentenced to be hanged on the 21st day of November 1851. At his trial, a bill of exceptions was taken and the case was carried by writ of error to the supreme court, where, in May term 1852, the judgment was reversed and a new trial ordered. Upon this judgment of reversal, a writ of error has been brought in the name of the people to this court; and we are moved to dismiss the writ, upon several grounds.

*The first ground is, that by the record the ^ ^ judgment of reversal appears to have been rendered…

2Cases cited8 opinions

  1. Thomas v. . PeopleNew York Court of Appeals · 1876
  2. People v. EnochCourt for the Trial of Impeachments and Correction of Errors · 1834
  3. Dolan v. . PeopleNew York Court of Appeals · 1876
  4. O'Brien v. PeopleNew York Supreme Court · 1867
  5. Respublica v. BobSupreme Court of the United States · 1795

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3Cited by33 opinions

  1. United States v. SangesSupreme Court of the United States · 1892
  2. Bernard Austin v. United StatesCourt of Appeals for the D.C. Circuit · 1967
  3. Hickory v. United StatesSupreme Court of the United States · 1894
  4. Kerrigan v. Commissioner of Public HealthSupreme Court of Connecticut · 2008
  5. Connecticut Mutual Life Insurance v. TalbotIndiana Supreme Court · 1887

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