Graham v. People
New York Supreme Court
Motion by the defendant in error to dismiss the appeal of the plaintiff in error. The prisoner was indicted, tried and convicted at a Circuit Court of Oyer and Terminer held in and for the county of Wayne, for the murder of one Otto. The trial took place in October, 1870. Sentence of death was passed on him on the 29th of the same month.
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Motion by the defendant in error to dismiss the appeal of the plaintiff in error. The prisoner was indicted, tried and convicted at a Circuit Court of Oyer and Terminer held in and for the county of Wayne, for the murder of one Otto. The trial took place in October, 1870. Sentence of death was passed on him on the 29th of the same month. On the 5th of November, 1870, the district attorney caused to he filed in the clerk’s office of said county a record of said conviction, as required by statute. On the 16th of January, 1871, a writ of error was allowed, together with a stay of proceedings, by…
1Opinion of the CourtMullin, P. J.
A writ of error cannot regularly be brought until after final judgment. (People v. Merrill, 14 N. Y., 74.) The judgment of the court was, before the enactment of the Revised Statutes, evidenced by a record duly signed and filed, which contained a full statement of the proceedings in the cause to and including the judgment of the court. It was this record that was brought up by the writ of error.
There were and are cases in which no formal record can be made up, and in such cases the final adjudication of the court is the judgment which is brought up.
It is insisted that, by the Revised Statutes…
2Cases cited4 opinions
- Willis v. . the PeopleNew York Court of Appeals · 1865
- The People v. . MerrillNew York Court of Appeals · 1856
- Weed v. . the PeopleNew York Court of Appeals · 1865
- Rowan v. LytleNew York Supreme Court · 1825
3Cited by1 opinion
- In re Opening of Delavan AvenueAppellate Division of the Supreme Court of the State of New York · 1901