People v. . Calabur
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 11, 1904, which reversed a judgment of the Kings County Court entered upon a verdict convicting the defendant of the crime of assault in the first degree and granted a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 11, 1904, which reversed a judgment of the Kings County Court entered upon a verdict convicting the defendant of the crime of assault in the first degree and granted a new trial. This court has no jurisdiction to review this appeal, for the reason that the order appealed from fails to state upon what ground or for what reason the judgment of conviction was reversed and a new trial granted. (People v. Boas, 92 N. Y. 561 ; People v. Poucher, 99 N. Y. 610 ; People v. Conroy, 97 N.…
1Opinion of the Court
Per Curiam,.
Although a previous motion to dismiss the appeal in this case was denied upon the theory intimated, but not decided, in People v. D'Argencour (95 N. Y. 624), to the effect that if it appeared, that the discretion of the Appellate Division had been abused, the question might be considered upon appeal to this court, yet, when we examine other decisions where that question was actually involved, we find that it has been uniformly held that an order of reversal in a criminal case that does not, upon its face, exclude the possibility that it was based upon an examination of the facts…
2Cases cited6 opinions
- The People v. . ConroyNew York Court of Appeals · 1884
- Harris v. . BurdettNew York Court of Appeals · 1878
- The People v. . BoasNew York Court of Appeals · 1883
- The People v. . D'ArgencourNew York Court of Appeals · 1884
- People v. . GrossmanNew York Court of Appeals · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- People v. KibbeNew York Court of Appeals · 1974
- Moore v. Bridgewater Tp.New Jersey Superior Court Appellate Division · 1961
- United Board & Carton Corp. v. BrittingNew Jersey Superior Court Appellate Division · 1960
- Martin v. CestoneNew Jersey Superior Court Appellate Division · 1954
- Cresskill Borough v. Dumont BoroughNew Jersey Superior Court Appellate Division · 1953
12 more not listed; retrieve them via the Exa API.