Myers v. People
New York Supreme Court
Error to the court of oyer and terminer of Chemung county. The prisoner, Henry Myers, was indicted in the court of sessions of Chemung county for burglary in the third degree, in December, 1873. He was arraigned on the indictment before that court on the 26th of that month, and pleaded not guilty; thereupon the court sent the indictment to the court of oyer and terminer for trial, and such direction was evidenced by an entry then made on the indictment as follows: “ Trial of…
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Error to the court of oyer and terminer of Chemung county. The prisoner, Henry Myers, was indicted in the court of sessions of Chemung county for burglary in the third degree, in December, 1873. He was arraigned on the indictment before that court on the 26th of that month, and pleaded not guilty; thereupon the court sent the indictment to the court of oyer and terminer for trial, and such direction was evidenced by an entry then made on the indictment as follows: “ Trial of indictment to go over to next court of oyer and terminer.” In the minutes of the court, kept by the clerk, in which he…
1Opinion of the CourtBookes, J.
It may well be claimed, I think, that the court of oyer and terminer had jurisdiction to try the prisoner without any order from the court of sessions, sending the indictment to the former court for trial. It is supposed that the right to hear and determine all crimes triable in the county, and of general jail delivery, given by the statute'to courts of oyer and terminer, is abundant to confer jurisdiction on that court to try indictments, found at the sessions, without any order from the latter court. 2 R. S. 205, § 29; People v. Gay, 10 Wend. 509; People v. Gen. Sess. N. Y., 3 Barb. 144;…
2Cases cited6 opinions
- Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
- People v. JewettNew York Supreme Court · 1829
- People ex rel. Case v. Judges of the Dutchess Oyer & TerminerNew York Supreme Court · 1847
- The People v. . LarnedNew York Court of Appeals · 1852
- People v. GayNew York Supreme Court · 1833
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