People v. Cummings
New York Supreme Court
The defendant, at an adjourned session of the Albany Oyer and Terminer, held in November, 1856, was tried and convicted of murder, before Mr. Justice Gould and the associate justices. No exceptions were taken upon the trial.
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The defendant, at an adjourned session of the Albany Oyer and Terminer, held in November, 1856, was tried and convicted of murder, before Mr. Justice Gould and the associate justices. No exceptions were taken upon the trial. The defendant’s counsel, upon affidavits, moved, at the same term of the court, to set aside the verdict and grant a new-trial, or to arrest the judgment on the ground that no precept had been issued by the district attorney to the sheriff, commanding him to summon the grand jury which found the indictment against the defendant, or the petit jury by whom he was tried; and…
1Opinion of the CourtHarris, J.
Before the Revised Statutes went into operation, there was no such thing as a bill of exceptions in a criminal case. If a question arose upon the trial, in respect to which the court entertained doubt, it might suspend judgment until the advice of the Supreme Court should be obtained. Whether or not this should be done was a question entirely within the discretion of the court. When it was deemed proper thus to obtain the opinion of the Supreme Court, the questions upon which advice was sought were presented by a case agreed upon by the parties, or settled by the court. It was no uncommon…
2Cases cited3 opinions
- the People v. Ransom.New York Supreme Court · 1831
- People v. M'KayNew York Supreme Court · 1820
- Ex parte VermilyeaNew York Supreme Court · 1826
3Cited by4 opinions
- Gardiner v. PeopleNew York Supreme Court · 1866
- People v. FerrisNew York Supreme Court · 1865
- People v. BrunoNew York Supreme Court · 1865
- People v. CarterAppellate Division of the Supreme Court of the State of New York · 1957