People v. Carnrick
New York Supreme Court
Appeal from court sessions, Pulton county. Charles H. Carnrick was arrested on a criminal warrant charging him with the crime of assault in the third degree. Prom a judgment of the court of sessions, affirming a judgment of conviction of the recorder’s court of the city of Gloversville, ÍL Y., defendant appeals. Codé Crim. Proc.
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Appeal from court sessions, Pulton county. Charles H. Carnrick was arrested on a criminal warrant charging him with the crime of assault in the third degree. Prom a judgment of the court of sessions, affirming a judgment of conviction of the recorder’s court of the city of Gloversville, ÍL Y., defendant appeals. Codé Crim. Proc. S'. Y. §§ 57, 58, are as follows: “Sec. 57. Upon filing with the magistrate, before whom is pending a charge for any of the crimes specified in the last section, a certificate of the county judge of the county, or of any justice of the supreme court, that it is…
1Opinion of the CourtLearned, P. J.
The questions as to jurisdiction are disposed of in People v. Wilber, 15 N. Y. Supp. 435, (argued at this term.) The defendant insists that there was an abuse of discretion in the refusal to adjourn on account of the absence of a witness. We think that the affidavit made by defendant for the purpose of obtaining such. adjournment does not show so strong a case that we can hold that there was an abuse of discretion upon a matter which *438necessarily rests largely on the good sense of the trial court. The defendant-also insists that when arrested on the 28th of August he was not in a condition to…
2Cases cited1 opinion
- People v. WilberNew York Supreme Court · 1891