People v. Austin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Peter Austin, from a judgment of the County Court of Dutchess county in favor of the plaintiff, rendered on the 24th day of December, 1900, convicting him of the crime of manslaughter in the second degree, on the trial of an indictment for murder in the second degree, and also from an order bearing date the 24th day of December, 1900, denying the defendant’s motion for his discharge and for the arrest of conviction and judgment.
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Appeal by the defendant, Peter Austin, from a judgment of the County Court of Dutchess county in favor of the plaintiff, rendered on the 24th day of December, 1900, convicting him of the crime of manslaughter in the second degree, on the trial of an indictment for murder in the second degree, and also from an order bearing date the 24th day of December, 1900, denying the defendant’s motion for his discharge and for the arrest of conviction and judgment. The crime charged in the indictment was committed in East Fish-kill, Dutchess County, N. T.
1Opinion of the Court
Hirsohberg, J.:
The appellant, in an altercation with one Charles Brower, on the 2d day of July, 1886, killed him and hid his body in an unused well. The crime was not discovered until the summer of 1900, and *384on .September thirteenth of that year the appellant was indicted for murder in the second degree. The only point presented on the appeal is that as more than five years intervened between the commission of the crime and the finding of the indictment, and as by section 142 of the Code of Criminal Procedure the appellant could not be indicted for- manslaughter after the lapse of five years,…
2Cases cited5 opinions
- The People v. . BuddensieckNew York Court of Appeals · 1886
- People v. BurtMichigan Supreme Court · 1883
- People v. MillerCalifornia Supreme Court · 1859
- Clark v. StateSupreme Court of Georgia · 1852
- Riggs v. StateMississippi Supreme Court · 1872
3Cited by13 opinions
- Tucker v. StateDistrict Court of Appeal of Florida · 1982
- People Ex Rel. Prince v. BrophyNew York Court of Appeals · 1937
- People v. BlakeAppellate Division of the Supreme Court of the State of New York · 1907
- People v. BradberryAppellate Division of the Supreme Court of the State of New York · 2009
- People v. LohnesNew York Supreme Court · 1973
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