McKee v. . the People
New York Court of Appeals
The plaintiff in error was tried and convicted at the February term of the Oyer and Terminer, held in and for the county of Livingston, in 1863, upon an indictment charging him with the crime of murder in the first degree. The offense was committed on the 18th day of November, 1861, and the indictment was presented in October, 1862. After conviction the counsel for the prisoner moved in arrest of judgment: First.
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The plaintiff in error was tried and convicted at the February term of the Oyer and Terminer, held in and for the county of Livingston, in 1863, upon an indictment charging him with the crime of murder in the first degree. The offense was committed on the 18th day of November, 1861, and the indictment was presented in October, 1862. After conviction the counsel for the prisoner moved in arrest of judgment: First. On the ground that there was no law authorizing judgment to be pronounced upon the prisoner for the crime of murder. Second. That at the time of the commission of the offense, to…
1Opinion of the CourtDavies, J.
The sentence passed upon the prisoner, by the Oyer and Terminer, was clearly erroneous. We so held in the case of Ratzkey v. The People, decided in this court, at June Term, 1864. In that case the prisoner was indicted and convicted for the crime of murder in the first degree, committed in 1861, and while the act of 1860 was in force, and he was tried after the passage of the act of 1862, and a similar sentence was passed upon him to that pronounced upon the prisoner in the present case. We held that but for the saving clause of the act of 1862, the prisoner could not legally have been…
2Cases cited1 opinion
- Shepherd v. . the PeopleNew York Court of Appeals · 1862
3Cited by8 opinions
- State v. GeorgeSupreme Court of Louisiana · 1950
- Commonwealth v. MurphyMassachusetts Supreme Judicial Court · 1899
- State Ex Rel. Jos. Peck v. ChaseSupreme Court of Florida · 1926
- Arnold v. StateCourt of Criminal Appeals of Oklahoma · 1913
- M'kee v. . the PeopleNew York Court of Appeals · 1867
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