The People v. . Phillips
New York Court of Appeals
"Weit of error to the General Term of the Supreme Court in the fourth judicial district. The defendant in error was indicted in the Court of Oyer and Terminer, held in the county of Saratoga, for the crime of grand larceny, in stealing a horse, the property of Dudley Welch. The indictment was sent to the Court of Sessions of that county, and on the 17th day of February, 1869, the defendant was tried, convicted and sentenced to State prison for the term of one year.
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"Weit of error to the General Term of the Supreme Court in the fourth judicial district. The defendant in error was indicted in the Court of Oyer and Terminer, held in the county of Saratoga, for the crime of grand larceny, in stealing a horse, the property of Dudley Welch. The indictment was sent to the Court of Sessions of that county, and on the 17th day of February, 1869, the defendant was tried, convicted and sentenced to State prison for the term of one year. Exceptions were taken by him to the admission of and refusal to strike out evidence, and to the charge of the court. A writ of…
1Opinion of the CourtFoster, J.
Several questions are raised, and it is contended for the plaintiff in error, that neither the writ issued to the Court of Sessions, nor the return thereto, are in the form required by statute; and that both are defective. I do not think it is necessary for me to set forth the form of the writ or the return. It is perfectly clear that all the questions, arising in the Court of Sessions, were fully presented on the return which was made; and that there is no substance in the objection. This question was distinctly raised before the Supreme Court, and I fully concur in the opinion delivered…
2Cases cited5 opinions
- Duffy v. . the PeopleNew York Court of Appeals · 1863
- Done v. PeopleNew York Supreme Court · 1863
- People ex rel. Wehle v. WeissenbachNew York Court of Appeals · 1875
- People v. ThomsNew York Court of Appeals · 1855
- Duffy v. PeopleNew York Supreme Court · 1862
3Cited by21 opinions
- Bram v. United StatesSupreme Court of the United States · 1897
- State v. CrankUtah Supreme Court · 1943
- Butler v. ThomsonSupreme Court of the United States · 1876
- Coffee v. StateSupreme Court of Florida · 1889
- People v. HeideIllinois Supreme Court · 1922
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