People v. White
New York Supreme Court
THE .plaintiffs in error and one John Lyons were jointly indicted at a court of sessions held in and for the county of Onondaga, for a riot and for a riotous assault and battery.
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THE .plaintiffs in error and one John Lyons were jointly indicted at a court of sessions held in and for the county of Onondaga, for a riot and for a riotous assault and battery. The first count of the indictment charged that at an election held in an election district in the fifth ward of the city of Syracuse, on the first Tuesday of November, 1863, they, together with other persons, to the number of twenty or more, to the jurors unknown, did riotously, routously, tumultuously and unlawfully assemble, &c., and with clubs, sticks, staves, bricks and stones, and .iron bars, then and there…
1Opinion of the Court
By the Court, Foster, J.
I. The accused were not entitled to demand separate trials. Hone of the acts charged amounted to felony, at common law, being for a riot and for a riotous assault and battery, and there being no allegation that the intent was felonious, or that such weapons were used as would constitute the offense of felony. At common law the offense charged was merely a misdemeanor, as appears to be well settled by the authorities cited on the argument. It is not made felony by statute. The act referred to by the counsel for the accused (3 R. S. 5th ed. 970, § 24) does not reach this…
2Cases cited5 opinions
- Kane v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
- Beekman v. BondNew York Supreme Court · 1838
- Noakes v. . the PeopleNew York Court of Appeals · 1862
- Gardner v. GardnerNew York Supreme Court · 1813
- Smith v. KerrNew York Supreme Court · 1847
3Cited by3 opinions
- Marshall v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1900
- People v. SatchwellAppellate Division of the Supreme Court of the State of New York · 1901
- Taylor v. PeopleNew York Supreme Court · 1877