People v. Tarbox
New York Supreme Court
Tarbox was tried upon ah indictment' for an assault and battery oh one Yager, in the court of sessions of Otsego county, and was found guilty by the jury in August, 1865. He made a motion" in that court in arrest of judgment,, on the. following grounds: 1. That he had never been arraigned upon the indictment on which -he was convicted. 2. That he had not been required to plead to the indictment. -3.: That he had not plead' to the indictment.or"demánded a trial thereon.
Read the full summary
Tarbox was tried upon ah indictment' for an assault and battery oh one Yager, in the court of sessions of Otsego county, and was found guilty by the jury in August, 1865. He made a motion" in that court in arrest of judgment,, on the. following grounds: 1. That he had never been arraigned upon the indictment on which -he was convicted. 2. That he had not been required to plead to the indictment. -3.: That he had not plead' to the indictment.or"demánded a trial thereon. "4.nThat no issue had been joined upon the¡ indictment. 5. That he had been tried and convicted upon the indictment without…
1Opinion of the Court
By the court, BaLcom, J..This -being a criminal case,the default.of the defendant in this court does not entitle-the district'attorney to a reversal of the proceedings in the, court; of sessions ás matter of course. It is,-therefore,'■ thet.duty of the court to determine theocáse 'upon -the writ; of error and the return thereto, in the same . manner - it would if the defendant had appeared" and argued the casein person or -by counsel. The court of- appeals -decided in-1848, in The People, agt. Corning (2 Comst. 9),, that a writ-of error-would not lie-in behalf of the. people, after judg-ment…
2Cases cited4 opinions
- Commonwealth v. WheelerMassachusetts Supreme Judicial Court · 1806
- People v. CasborusNew York Supreme Court · 1816
- Hartung v. . the PeopleNew York Court of Appeals · 1862
- The People v. . NestleNew York Court of Appeals · 1859
3Cited by1 opinion
- Gardiner v. PeopleNew York Supreme Court · 1866