People ex rel. Case v. Judges of the Dutchess Oyer & Terminer
New York Supreme Court
The relator was convicted at the November term of the Dutchess oyer and terminer, in 1846, on an indictment for burglary in the second degree. From the testimony on the trial, and facts subsequently discovered, there existed no doubt in the minds of the judges, that the defendant was innocent.
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The relator was convicted at the November term of the Dutchess oyer and terminer, in 1846, on an indictment for burglary in the second degree. From the testimony on the trial, and facts subsequently discovered, there existed no doubt in the minds of the judges, that the defendant was innocent. His sentence was suspended in November until the oyer and terminer in March, 1847. At that time a case had been made by the prisoner’s counsel and served upon the district attorney, and notice given of a motion for a new trial. The argument of the motion was, by consent, fixed for the day when the…
1Opinion of the Court
By the Court, Strong, P. J.
By the common law of England a new7 trial could not be granted bn the merits, by any court, in a case of felony; nor by an inferior court of limited jurisdiction, in any criminal case. (1 Ch. Cr. L. 532; 3 Bl. Com. 388, Christian’s note; 6 D. & E. 625, 638 ; 13 East’s Rep. 416, n. 6 ; The People v. Comstock, 8 Wend. Rep. 549.) *287The rule must be the same here at present, unless it has been abrogated or altered by some law of the colony of New-York, or act of our state legislature. (Constitution of 1777, §35 of 1821, art. 7, § 13; Const, of 1847, art. 1, § 17.) It is…
2Cases cited2 opinions
- People v. ComstockNew York Supreme Court · 1832
- People v. StoneNew York Supreme Court · 1830
3Cited by11 opinions
- Ewing v. DuncanTexas Supreme Court · 1891
- State v. McCordSupreme Court of Kansas · 1871
- People v. RosenkrantzNew York Court of Special Session · 1924
- People v. MorrisonCourt Of Oyer And Terminer New York · 1854
- Branson v. Oregonian Railway Co.Oregon Supreme Court · 1882
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