People v. Root
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Ahira I. Root, from a judgment of the County Court of Cattaraugus county in favor of the plaintiff, entered on the 22d day of October, 1903, upon the verdict of a jury, convicting the defendant of the crime of perjury, and also from an order entered in the office of the clerk of the county of Cattaraugus on the 24th day of October, 1903, denying the defendant’s motion for a new trial made upon the minutes. , The defendant was indicted by the grand…
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Appeal by the defendant, Ahira I. Root, from a judgment of the County Court of Cattaraugus county in favor of the plaintiff, entered on the 22d day of October, 1903, upon the verdict of a jury, convicting the defendant of the crime of perjury, and also from an order entered in the office of the clerk of the county of Cattaraugus on the 24th day of October, 1903, denying the defendant’s motion for a new trial made upon the minutes. , The defendant was indicted by the grand jury of Cattaraugus county at the September, 1903, Trial Term of the Supreme Court, held in and for said county, for the…
1Opinion of the Court
McLennan, P. J.:
The questions presented by this appeal are: (1) Is the indictment defective in any essential particular ? (2) Were the assignments of
perjury (three in number) which were submitted to the jury by the learned trial court material and such as to be made the basis of a conviction of the crime of perjury, even if false and known to be so by the defendant ? (3) Did the evidence justify the conviction of the defendant upon each of such assignments, or was the verdict of guilty contrary to or against the weight of the evidence upon any of them ? (4) Did the learned trial court, by its…
2Cases cited1 opinion
- Wood v. . People of the State of N.Y.New York Court of Appeals · 1874
3Cited by7 opinions
- People v. GilletteAppellate Division of the Supreme Court of the State of New York · 1908
- People v. MiroNew York Court of General Session of the Peace · 1934
- People v. BattNew York Court of General Session of the Peace · 1937
- People v. TatumNew York Supreme Court · 1908
- People v. Nicosia, New York County Courts1938
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