Legal Opinion

Vincent v. People

New York Supreme Court

Decided December 15, 1860PublishedCited by 2 opinions

This case came up on writ of error to the New York General Sessions. By the return, it appeared that in June, 1860, the following indictment was found against the plaintiff in error in that court: City and County of New York, ss: The jurors of the People of the State of New York, in and for the body of the city and county of New York, upon their oath present, that heretofore, to wit, at a Court of General Sessions of the Peace, holden in the city of New York, in and for the…

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This case came up on writ of error to the New York General Sessions. By the return, it appeared that in June, 1860, the following indictment was found against the plaintiff in error in that court: City and County of New York, ss: The jurors of the People of the State of New York, in and for the body of the city and county of New York, upon their oath present, that heretofore, to wit, at a Court of General Sessions of the Peace, holden in the city of New York, in and for the city and county of New York, on the 10th day of July, in the year of our Lord one thousand eight hundred and…

1Opinion of the Court

By the Court, Sutherland, J.

There is no bill of exceptions in this case, nor any complete record.

The only questions in this case relate to the sufficiency of the indictment, and to the form of the verdict and consequent judgment.

The indictment, if it charges any crime, charges forgery in the first degree, after conviction of a previous felony. The *100verdict and sentence were for forgery in the first degree, without noticing the alleged conviction of a previous felony. As we have nothing but the indictment and entry of judgment before us, we cannot say whether there was on the trial any proof of…

2Cited by2 opinions

  1. Clement v. FerenbackNew York Marine Court · 1877
  2. Thompson v. . BurhansNew York Court of Appeals · 1874

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