People v. Lynch
New York Supreme Court
THE defendants, who were now brought up on habeas corpus, were indicted at the general sessions of the peace, in the city of Nem-Yorlc, in August last, for treason against the state. The indictment and proceedings having been removed into this court, by certiorari, Colden moved that the prisoners should be discharged.
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THE defendants, who were now brought up on habeas corpus, were indicted at the general sessions of the peace, in the city of Nem-Yorlc, in August last, for treason against the state. The indictment and proceedings having been removed into this court, by certiorari, Colden moved that the prisoners should be discharged. He read the commitment and indictment, (a) and contended that there was no crime charged against this state; that,the* indictment did not even state any crime cognizable by the laws of the United States. But if the facts stated amounted to treason against the United States, it…
1Opinion of the Court
Per Curiam,
The grounds relied upon for the discharge of ¿]ie prisoners are, 1st. That the facts charged in the indictment do not amount to the crime of treason against the state of New-York; and, 2dly, That the state courts have no jurisdiction of treason against the United States.
The indictment, containing several counts which are substantially alike, after setting out a state of war between the United States and Great Britain, declared and carried on under the authority of the United States, alleges, that the prisoners, being citizens of the state of New-York, and of the United States of…
2Cited by5 opinions
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- State v. PikeSuperior Court of New Hampshire · 1844