People v. Townsend
New York Supreme Court
At the last court of oyer and terminer, in Dutchess county, the defendant was convicted of. perjury. Before judgment he absconded, and afterwards voluntarily surrendered himself, but no judgment was pronounced. The judge before whom the prisoner was tried, reported to this court, that the verdict was given against evidence.
1Per curiam
There must be a new trial; and the judge who is to preside at the next oyer and terminer in Dutchess county, will communicate this opinion to the justices of that court; in the mean time the prisoner must give bail for his appearance.
The proceedings which have been brought up here by certiorari, not having been actually received, may be returned.' If they had been filed in this court they could not have been sent back, but must have remained here. No form of process for returning them is to be found in the books. The court must have proceeded to try the defendant at bar, by a jury returned…
2Cited by4 opinions
- People v. StoneNew York Supreme Court · 1830
- People ex rel. Williams v. Court of Sessions of Wayne CountyNew York Supreme Court · 1852
- People v. StoneNew York Supreme Court · 1830
- Willis v. PeopleNew York Supreme Court · 1864