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Legal Opinion

Dawson v. . the People

New York Court of Appeals

Decided December 5, 1862PublishedCited by 26 opinions

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] It is insisted, on the part of the plaintiff in error, that the indictment is fatally defective for duplicity and repugnancy, because it charges in one count two independent felonies: one, that the prisoner committed the assault with "intent to do bodily harm," and the other, that he committed it "with intent to kill," each of those crimes being in violation of a distinct statute.

The statutes referred to, are the following:

"Every person who shall be convicted of…

2Cases cited5 opinions

  1. People v. AllenNew York Supreme Court · 1831
  2. Morse v. StateSupreme Court of Connecticut · 1825
  3. State v. BradySupreme Court of Vermont · 1842
  4. People v. TownseyNew York Supreme Court · 1847
  5. Marchant v. LangworthyCourt for the Trial of Impeachments and Correction of Errors · 1846

3Cited by26 opinions

  1. People v. CadeNew York Court of Appeals · 1989
  2. Polinsky v. . PeopleNew York Court of Appeals · 1878
  3. O'Connor v. . Virginia Passenger Power Co.New York Court of Appeals · 1906
  4. Pontius v. . People of the State of New YorkNew York Court of Appeals · 1880
  5. Territory v. ConradSupreme Court Of The Territory Of Dakota · 1877

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