People v. Welsh
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The People of the State of New York, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Dutchess on the 23d day of September, 1902, upon the decision of the court, rendered after a trial at the Dutchess County Special Term before the court without a jury, dismissing the plaintiff’s complaint upon the merits.
1Opinion of the Court
Jenks, J.:
This is an action upon a forfeited recognizance. The defendant Welsh was indicted for keeping a bawdy house. In May, 1901, his case was called for .trial, “ defendant not appearing,” but C. Morschauser and C. Hopkins, Esqs., appeared for him. Mr. Hopkins, being sworn, testified that he was one of the attorneys for the defendant, and that he had authority for appearance: He then stated that he wished to appear and plead guilty.' The learned court, under the objection that the defendant must appear in person in open court to plead' guilty, refused to accept the plea. Mr. Mor- ,…
2Cases cited3 opinions
- People v. . BradnerNew York Court of Appeals · 1887
- People v. . FishNew York Court of Appeals · 1891
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by7 opinions
- United States v. NapelaDistrict Court, N.D. New York · 1928
- People v. Pilkington, New York County Courts1951
- People v. SchaeferNew York Supreme Court · 1942
- Smith v. Barnes CountyNorth Dakota Supreme Court · 1915
- State v. SutterUtah Supreme Court · 1928
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