People v. Dohring
New York Court of Appeals
Error to the General Term of the Supreme Court, in the fourth judicial department, to review order reversing a judgment of the Court of Sessions in and for the county of Niagara, entered upon a verdict convicting the defendant in error of the crime of rape and granting a new trial.
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Error to the General Term of the Supreme Court, in the fourth judicial department, to review order reversing a judgment of the Court of Sessions in and for the county of Niagara, entered upon a verdict convicting the defendant in error of the crime of rape and granting a new trial. (Deported below, 2 N. Y. S. C. [T. & C.], 458.) The court' before whom the defendant in error was tried was composed of the county judge and two justices of the' Sessions, one of whom, Alden S. Baker, was, upon the trial, called as a witness on the part of the prisoner, and was sworn and examined without objection;…
1Opinion of the CourtFolger, J.
It has been held that the two justices of the Sessions are indispensable to constitute a legally organized Court of Sessions, and that neither can be dispensed with, any more than the county judge. (Blend v. The People, 41 N. Y., 604.) The question there arose, however, upon objection and exception taken by the plaintiff in error, and was passed upon as an error, and not.as a matter affecting the jurisdiction of the court. The court was held disorganized, by one of the justices of Sessions, who had taken part in the proceedings on the trial for a time, after that, absenting himself *377from the…
2Cases cited15 opinions
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- The People v. . BennettNew York Court of Appeals · 1872
- People v. AbbotNew York Supreme Court · 1838
- Commonwealth v. BurkeMassachusetts Supreme Judicial Court · 1870
- Crosswell v. PeopleMichigan Supreme Court · 1865
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3Cited by1 opinion
- Chicago & N. W. Ry. Co. v. Faulk CountySouth Dakota Supreme Court · 1902