Safford v. People
New York Supreme Court
Writ of error to the St. Lawrence Oyer and Terminer. The prisoner was indicted, tried,, convicted and sentenced to the state prison, under the “ act to punish seduction as a crime.” {Laws of 1848, ch. 111.) The indictment was found in February, 1853; the prisoner arraigned in'June, 1853, and tried in October, 1853 — Mr. Justice Cady presiding.
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Writ of error to the St. Lawrence Oyer and Terminer. The prisoner was indicted, tried,, convicted and sentenced to the state prison, under the “ act to punish seduction as a crime.” {Laws of 1848, ch. 111.) The indictment was found in February, 1853; the prisoner arraigned in'June, 1853, and tried in October, 1853 — Mr. Justice Cady presiding. The prosecuting witness testified, that she and the prisoner had lived in the same neighborhood from their childhood and were very intimate; their parents residing near each other, and their brothers and sisters having intermarried. That the prisoner…
1Opinion of the Court
By the Court.
Hand, J. —
The objection that this cause is not properly before this court, is not valid. The court of Oyer and Terminer gave final judgment, and that being a court of record, a writ of error on the part of the defendant was a writ of right, and took up the bill of exceptions with the transcript of the record. (2 R S. 740, § 15; 736, § 21; Regina v. Paty, 2 Salk. 504.) The respective offices of writs of error and of certiorari, are quite well settled. (2 Burr. Cr. 193; 2 Tidd, 1051; 1 id. 330; People v. Judges of Suffolk, 24 Wend. 553; 5 Hill, 269; 3 id. 42; 1 Ld. Raymond, 469;…
2Cases cited9 opinions
- Douglass v. TouseyNew York Supreme Court · 1829
- Carpenter v. PeopleNew York Supreme Court · 1850
- People v. WhiteCourt for the Trial of Impeachments and Correction of Errors · 1840
- People v. ComstockNew York Supreme Court · 1832
- Stone v. Mayor of New-YorkNew York Supreme Court · 1840
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3Cited by6 opinions
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- People v. WeinstockNew York City Magistrates' Court · 1912
- Mabry v. BeaumontDistrict Court, D. Alaska · 1922
- Cook v. PeopleNew York Supreme Court · 1873
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