People v. Burnham
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Fred W. Burnham, from an order of the County Court of St. Lawrence county, entered in the office of the clerk of the county of St. Lawrence on the 18th day of October, 1897, dismissing the appeal of the defendant from the judgment of the Court of Special Sessions held in and for the village of Gouverneur, convicting the defendant of petit larceny, and- thereupon imposing sentence upon him.
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Appeal by the defendant, Fred W. Burnham, from an order of the County Court of St. Lawrence county, entered in the office of the clerk of the county of St. Lawrence on the 18th day of October, 1897, dismissing the appeal of the defendant from the judgment of the Court of Special Sessions held in and for the village of Gouverneur, convicting the defendant of petit larceny, and- thereupon imposing sentence upon him. The special county judge of St. Lawrence county allowed an appeal from the judgment to the Court of Sessions of St. Lawrence county, and upon the appeal afterwards being brought to…
1Opinion of the Court
Landon, J.:
We think the special county judge had power to allow the appeal. Chapter 306, Laws of 1849, page 437, as amended by chapter 108, Laws of 1851, page 192, provides that special county judges in the county of St. Lawrence and the other counties specified in the act, “ shall possess all the powers and perform the duties which are *617possessed and can be performed by a county judge out of court.” (§ 2.)
This act was framed in pursuance of section 16, article 6 of the Constitution; it has not been expressly repealed, and we do not think that the subsequent legislation respecting appeals from…
2Cases cited3 opinions
- Thrasher v. . BentleyNew York Court of Appeals · 1874
- Seymour v. MercerNew York Supreme Court · 1856
- The People v. . MainNew York Court of Appeals · 1859