Legal Opinion

Northrup v. . the People

New York Court of Appeals

Decided September 5, 1867PublishedCited by 13 opinions

Error to' review a judgment of conviction on an indictment. The- plaintiff in error was indicted by a grand jury of the county of Westchester, in September, 1866, for administering poison to his wife. In December following, a court of oyer and terminer convened at the court-house in White Plains, in said county, and it was ordered, and proclamation made, that the same be adjourned to the 14th day of January, 1867, at the court-house in Bedford in that county.

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Error to' review a judgment of conviction on an indictment. The- plaintiff in error was indicted by a grand jury of the county of Westchester, in September, 1866, for administering poison to his wife. In December following, a court of oyer and terminer convened at the court-house in White Plains, in said county, and it was ordered, and proclamation made, that the same be adjourned to the 14th day of January, 1867, at the court-house in Bedford in that county. " At the adjourned day, at Bedford, only ten petit jurors answered, and the court directed that seventy-five tales-men be summoned by…

1Opinion of the CourtFullerton, J.

By the laws of 1813 (2 Laws of 1813, 142, § 4), White Plains and Bedford were fixed as the places where the courts of common pleas should be held in the county of Westchester, and the circuit courts and courts of oyer and terminer were required, by a subsequent statute, to be held at the same places.

Section 17 of the code repeals the statute last referred to, and substitutes another mode of appointment. By section 22 the judges of the supreme court of each district are required to appoint the times and places for holding courts within their respective districts. Section 24 pro vided, however,…

2Cases cited2 opinions

  1. Goodel v. BakerNew York Supreme Court · 1828
  2. People v. MoneghanNew York Supreme Court · 1854

3Cited by13 opinions

  1. People v. . SullivanNew York Court of Appeals · 1889
  2. Whallon v. Circuit Judge for Ingham CountyMichigan Supreme Court · 1883
  3. People ex rel. Weick v. Warden of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
  4. Bouldin v. EwartSupreme Court of Missouri · 1876
  5. Stockslager v. United StatesCourt of Appeals for the Ninth Circuit · 1902

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