Quimbo Appo v. . the People
New York Court of Appeals
Writ of error to the Supreme Court. Quimbo Appo was tried and convicted of murder, and sentenced to be executed therefor, by a Court of Oyer and Terminer held in and for the city and county of New York, in April, 1859. The court adjourned sine die on the 16th of June following.
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Writ of error to the Supreme Court. Quimbo Appo was tried and convicted of murder, and sentenced to be executed therefor, by a Court of Oyer and Terminer held in and for the city and county of New York, in April, 1859. The court adjourned sine die on the 16th of June following. On. the first Monday of October, in the same year, a Court of Oyer and Terminer was held in and for the same city and county, before Mr. Justice Roosevelt, and on the 17th of-October Appo made an application to the last mentioned court 'to set aside his conviction and sentence, and grant him, a new trial. The…
1Dissent
Anticipating that I shall disagree with a majority of my brethren, and very reluctantly dissenting from the judgment which is about to be pronounced, I only desire in a very few words to express the grounds of that dissent.
I concur entirely in the opinion that the writ of prohibition was a proper mode to be adopted by the district attorney to stay the action of the Oyer and Terminer, provided that court had not power to give the relief asked for by the prisoner, and grant the application for a new trial. It may be a very ancient remedy, and has undoubtedly been rarely resorted to in our…
2Cases cited10 opinions
- People v. StoneNew York Supreme Court · 1832
- People v. ComstockNew York Supreme Court · 1832
- People v. MorrisonCourt Of Oyer And Terminer New York · 1854
- People ex rel. Case v. Judges of the Dutchess Oyer & TerminerNew York Supreme Court · 1847
- People v. StoneNew York Supreme Court · 1830
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