Jones v. . the People
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, ia the third judicial department, affirming an order of Special Term, denying a motion on the part of the plaintiff in error to quash a writ of certiorari. The plaintiff in error was indicted for perjury.
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Appeal from order of the General Term of the Supreme Court, ia the third judicial department, affirming an order of Special Term, denying a motion on the part of the plaintiff in error to quash a writ of certiorari. The plaintiff in error was indicted for perjury. Upon application of the district attorney, made without notice, an order was granted at Special Term directing the issuing of a writ of certiorari removing the indictment from the Court of Oyer and Terminer, in and for the county of Sara-toga, into the Supreme Court. A motion ivas thereupon made at Special Term, on behalf of the…
1Opinion of the Court
Church, Ch. J.
The question whether a certiorari may issue by the Supreme Court, at the instance of the prosecution to remove an indictment into that court from the Oyer and Terminer, is the only question involved upon this appeal. If this power exists, it is discretionary with that court after having obtained jurisdiction of the case to quash tho writ upon cause shown, or remand the case to the Oyer and Terminer, or proceed to its disposition as in other cases pending before it. The constitution recognized the existing-Supreme Court with general jurisdiction inlaw and equity, (art. 6, § 6),…
2Cases cited2 opinions
- People ex rel. Case v. Judges of the Dutchess Oyer & TerminerNew York Supreme Court · 1847
- People v. StoneNew York Supreme Court · 1830
3Cited by8 opinions
- Crocker v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1911
- People Ex Rel. Second Avenue Railroad v. Board of Commissioners of the Department of Public ParksNew York Court of Appeals · 1884
- Murphy v. Extraordinary Special & Trial Term of the Supreme CourtNew York Court of Appeals · 1945
- People v. FariniNew York Court of Appeals · 1925
- People ex rel. Folk v. McNultyAppellate Division of the Supreme Court of the State of New York · 1939
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