Legal Opinion

People v. Harris

New York Circuit Court

Decided October 15, 1847PublishedCited by 1 opinion

On the complaint of some Hew York merchants, the defendant was indicted in the county of Chenango for forging a draft for $30,000. The indictment was removed to the Supreme Court because of an alleged prejudice in that county, and sent down to Hew York to be tried on the civil side of the court, that being the mode provided by law for changing the place of trial in criminal cases.

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On the complaint of some Hew York merchants, the defendant was indicted in the county of Chenango for forging a draft for $30,000. The indictment was removed to the Supreme Court because of an alleged prejudice in that county, and sent down to Hew York to be tried on the civil side of the court, that being the mode provided by law for changing the place of trial in criminal cases. (2 H. Y. Stat. at Large, 151.) Sydney Smith had been a merchant in Hew York, had made a large fortune and retired from business. He was born in Chenango county, and at an early age he and an only sister were left…

1Opinion of the Court

At the close of the testimony the circuit judge expressed his opinion that the prosecution ought not to press for a con*457vietion, because their whole case depended solely upon proof of opinion as to handwriting, which, even if there was nothing else in the case, was not strong enough to warrant a conviction, and was, besides, more than overcome by the other testimony in the case.

O'Conor, who had been employed as counsel by the executors, and not by the State, insisted upon his right to go to the jury, and persuaded the district attorney to refuse to listen to the suggestion of the court, and…

2Cited by1 opinion

  1. Burnett v. StateSupreme Court of New Jersey · 1898

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