People v. Myers
New York Supreme Court
The prisoner was indicted in the Court of Sessions of Chemung; county, for burglary in the third degree, December, 1873. He was-arraigned on the indictment before that court, on the twenty-sixth of that month, and pleaded not guilty; thereupon, the court sent the indictment to the Court of Oyer and Terminer for trial, and such direction was evidenced by an entry then made on the indictment, as follows: “ Trial of indictment to go over to next Court of Oyer and Terminer.”
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The prisoner was indicted in the Court of Sessions of Chemung; county, for burglary in the third degree, December, 1873. He was-arraigned on the indictment before that court, on the twenty-sixth of that month, and pleaded not guilty; thereupon, the court sent the indictment to the Court of Oyer and Terminer for trial, and such direction was evidenced by an entry then made on the indictment, as follows: “ Trial of indictment to go over to next Court of Oyer and Terminer.” In the minutes of the court kept by the clerk, in which he entered the proceedings generally, the entry was made as…
1Opinion of the Court
Bockes, J.:
It may well be claimed, I think, that the Court of Oyer and Terminer had jurisdiction to try the prisoner, without any order from the Court of Sessions, sending the indictment to the former court for trial. It is supposed that the right to hear and determine all crimes triable in the county, and of general jail delivery, given by the statute to courts of Oyer and Terminer, is abundant to confer jurisdiction on that court to try indictments found at the sessions, without any order from the latter court.* In two of the cases cited, the powers of the Court of Oyer and Terminer are…
2Cases cited4 opinions
- Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
- People v. JewettNew York Supreme Court · 1829
- People v. GayNew York Supreme Court · 1833
- People ex rel. Hasbrouck v. General Sessions of the City of New-YorkNew York Supreme Court · 1848