People v. Austin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Peter Austin, from a judgment of the County Court of Dutchess county in favor of the plaintiff, rendered on the 24th day of December, 1900, convicting him of the crime of manslaughter in the second degree, on the trial of an indictment for murder in the second degree, and also from an order bearing date the 24th day of December, 1900, denying the defendant’s motion for his discharge and for the arrest of conviction and judgment.
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Appeal by the defendant, Peter Austin, from a judgment of the County Court of Dutchess county in favor of the plaintiff, rendered on the 24th day of December, 1900, convicting him of the crime of manslaughter in the second degree, on the trial of an indictment for murder in the second degree, and also from an order bearing date the 24th day of December, 1900, denying the defendant’s motion for his discharge and for the arrest of conviction and judgment. The crime charged in the indictment was committed in East Fish-kill, Dutchess County, N. T.
1Concurrence
Jenks, J. (concurring):
I concur with Mr. Justice Hieschbebg- that the question presented was not raised at the trial. I think that if it had been raised the judgment must be reversed.
The defendant is convicted of manslaughter in the second degree. Section 142 of the Code of Criminal Procedure forbids an indictment for that felony for the reason that five years had elapsed since the crime was committed. As this crime must be prosecuted by indictment (Id. § 4) section 142 is a bar to a trial for the offense. But it is insisted that because the defendant was convicted of manslaughter on his…
2Cases cited6 opinions
- People v. PicettiCalifornia Supreme Court · 1899
- Clark v. StateSupreme Court of Georgia · 1852
- Nelson v. StateSupreme Court of Florida · 1879
- Riggs v. StateMississippi Supreme Court · 1872
- State v. FreemanSupreme Court of Louisiana · 1865
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