Legal Opinion

People v. . Green

New York Court of Appeals

Decided March 14, 1911PublishedCited by 8 opinions

Appeal from a judgment of the Albany County Court rendered November 5, 1910, upon a verdict convicting the defendant of the crime of murder in the first degree; also from an order denying a motion for a new trial. The facts, so far as material, are stated in the opinion. The Albany County Court did not have jurisdiction to try the defendant for the crime of murder in the first degree. (N. Y. & O. M. R. R. Co. v. Van Horn, 57 N. Y. 473; Bootjer v. Supreme Council, 78 App.

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Appeal from a judgment of the Albany County Court rendered November 5, 1910, upon a verdict convicting the defendant of the crime of murder in the first degree; also from an order denying a motion for a new trial. The facts, so far as material, are stated in the opinion. The Albany County Court did not have jurisdiction to try the defendant for the crime of murder in the first degree. (N. Y. & O. M. R. R. Co. v. Van Horn, 57 N. Y. 473; Bootjer v. Supreme Council, 78 App. Div. 546; Amsbry v. Hinds, 48 N. Y. 57; Isola v. Weber, 147 N. Y. 329; U. S. Fidelity Co. v. Struthers, Wells Co., 209 U.…

1Opinion of the CourtWillard Bartlett, J.

The defendant appeals from a judgment of the County Court of Albany county upon a conviction of murder in the first degree, and also from an order denying a motion for a new trial. His notice of appeal assumes also to bring before us several other orders of an interlocutory character; but as these do not constitute a part of the judgment roll as prescribed by section 485 of the Code of Criminal Procedure they do not appear to be reviewable under section 517 which provides what intermediate orders or proceedings may be reviewed. However, we have considered every point argued before us in…

2Cases cited4 opinions

  1. Kring v. MissouriSupreme Court of the United States · 1883
  2. Thompson v. UtahSupreme Court of the United States · 1898
  3. Thompson v. MissouriSupreme Court of the United States · 1898
  4. State v. WelchSupreme Court of Vermont · 1891

3Cited by8 opinions

  1. Strang v. StateNew York Court of Claims · 1954
  2. Jacobus v. ColgateAppellate Division of the Supreme Court of the State of New York · 1914
  3. People v. MartinezNew York Supreme Court · 1975
  4. People v. SandgrenNew York Supreme Court · 1947
  5. People v. BabbushNew York Supreme Court · 1991

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