People v. Howell
New York Supreme Court
AT the last general sessions of the peace, held in the _ ° u 1 city of New-Tork, Howell, the prisoner, who was now , brought up on a habeas corpus, was indicted with one James Mitchell, for forgery. The indictment was for Urging “ a certain order for the payment of money,” ancj the check was set forth as follows : “ New-Tork, 27th 1 February, 1809. Cashier of the Merchants’ Bank, in the , , ,, city oi Nezo-2 ork. Pay 4,095, or bearer, 685 dollars 20 cents.
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AT the last general sessions of the peace, held in the _ ° u 1 city of New-Tork, Howell, the prisoner, who was now , brought up on a habeas corpus, was indicted with one James Mitchell, for forgery. The indictment was for Urging “ a certain order for the payment of money,” ancj the check was set forth as follows : “ New-Tork, 27th 1 February, 1809. Cashier of the Merchants’ Bank, in the , , ,, city oi Nezo-2 ork. Pay 4,095, or bearer, 685 dollars 20 cents. Benjamin Butler When the prisoners were brought up to be tried, the counsel f°r Howell moved the court, that he should be tried separate…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. The defendant was convicted at the last court of general sessions of the peace in this city, for forging the check of Benjamin Butler, purporting to have been drawn upon the merchants’ bank. The record has been removed into this court, and the counsel for the prisoner have raised two objections to the legality of the commitment.
1. That the prisoner was tried, against his consent, jointly with one Mitchell; 2. That Butler, who was admitted as a witness against him upon the trial, was incompetent, on the ground of interest.
1. It appears by the…
2Cited by18 opinions
- People v. SnyderNew York Court of Appeals · 1927
- People v. VermilyeaNew York Supreme Court · 1827
- Smith v. PattieSupreme Court of Virginia · 1886
- Henry v. ConleySupreme Court of Arkansas · 1886
- United States v. WhiteU.S. Circuit Court for the District of Massachusetts · 1826
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