People v. Reagle
New York Supreme Court
CERTIORARI to the Erie oyer and terminer. The prisoner was tried and convicted in that court in June 1871, upon an indictment charging him with the offense of arson in the first degree.
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CERTIORARI to the Erie oyer and terminer. The prisoner was tried and convicted in that court in June 1871, upon an indictment charging him with the offense of arson in the first degree. When the district attorney moved the trial of the indictment, upon the issue previously joined, on the defendant’s plea of not guilty, the prisoner interposed a special plea in bar of further trial upon the said indictment, in which he insisted that no further proceedings ought to be had or taken against him on said indictment, because he alleged that on the 19th of December, 1870, at the city of Buffalo, at a…
1Opinion of the Court
By the Court, Talcott, J.
The question principally argued before us was as to the validity of the special plea interposed pius darrein continuance, and which was overruled upon the demurrer of the people. It does not appear that any judgment in form was pronounced upon the demurrer, but the return states that the' demurrer was sustained by the court; and it appears that-the cause then proceeded to trial upon’ the plea of not guilty. The decision overruling the demurrer was treated as a judgment respondeas ouster, and such would have been the record, if one had been made. But the defendant,…
2Cases cited4 opinions
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- People v. GoodwinNew York Supreme Court · 1820
- Shepherd v. . the PeopleNew York Court of Appeals · 1862
- People v. M'KayNew York Supreme Court · 1820
3Cited by11 opinions
- People v. . SmithNew York Court of Appeals · 1902
- State v. SheltonWest Virginia Supreme Court · 1935
- State v. DavisWest Virginia Supreme Court · 1888
- Foster v. StateSupreme Court of Arkansas · 1885
- People v. ColonNew York Court of General Session of the Peace · 1959
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