People v. Loomis
New York Supreme Court
Writ of error to the Madison county court of sessions. The defendant in error was indicted at the Madison oyer and terminer, in.February, 1863, for feloniously receiving one gold watch, the property of Josiah W. Clarke, on the 10th day of June, 1;862, at De Ruyter, in the county of Madison, knowing the same had .been feloniously stolen-from said Clarke., That indictment was feloniously destroyed by some person or persons unknown, while on file in the office of the clerk of…
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Writ of error to the Madison county court of sessions. The defendant in error was indicted at the Madison oyer and terminer, in.February, 1863, for feloniously receiving one gold watch, the property of Josiah W. Clarke, on the 10th day of June, 1;862, at De Ruyter, in the county of Madison, knowing the same had .been feloniously stolen-from said Clarke., That indictment was feloniously destroyed by some person or persons unknown, while on file in the office of the clerk of Madison county, on the 10th day of May, 1865. ' : At a court of sessions held in Madison county on the 12th day of June,…
1Opinion of the Court
By the court, Balcom, J.
It is clear that the district attorney had no authority at common law to bring a writ of error in behalf of the people, to review the decision of a county court of sessions or a court of oyer and terminer, quashing an indictment and discharging the defendant from imprisonment thereon. (The People agt. Casborus, 13 Johns. 351; The People agt. Corning, 2 Comst. 9.) And the statute of 1852 only authorises the district attorney to; bring writs of error to review judgments rendered in favor of defendants in criminal cases (Laws of 1852, p. 76). There must be a judgment in…
2Cases cited3 opinions
- Commonwealth v. WheelerMassachusetts Supreme Judicial Court · 1806
- People v. CasborusNew York Supreme Court · 1816
- The People v. . NestleNew York Court of Appeals · 1859