The People v. . Powers
New York Court of Appeals
Writ op Error to the Supreme Court, sitting in the fifth district, where the judgment of the court of Oyer and Terminer of the county of Onondaga, convicting the defendant of the second offence of petit larceny, had been affirmed. (Reported below, 7 Barb. 462.) The defendant, Emerson Powers, was indicted for a second offence of petit larceny.
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Writ op Error to the Supreme Court, sitting in the fifth district, where the judgment of the court of Oyer and Terminer of the county of Onondaga, convicting the defendant of the second offence of petit larceny, had been affirmed. (Reported below, 7 Barb. 462.) The defendant, Emerson Powers, was indicted for a second offence of petit larceny. The indictment charged, m general terms, that the first conviction was had, on the 31st October 1848, at a court of special sessions, held at Syracuse, before William A. Cook, police justice, having full power and authority to hold said court, and to try…
1Opinion of the Court
* Jewett, J.
— There are but two questions ^ ^ raised by the bill of exceptions in this case. *- The first is upon the admission in evidence of the certificate of conviction, made by the justice, and filed in the office of the clerk of the county of Onondaga; and the other is upon the rejection of the evidence offered on behalf of the prisoner, to contradict the fact of a trial and conviction, as set forth in the record or certificate of conviction. I think, that both questions were correctly decided by the supreme court, and that it is unnecessary for me, here to repeat the reasons sustaining…
2Cases cited2 opinions
- In re HoganNew York Supreme Court · 1878
- People v. PowersNew York Supreme Court · 1849
3Cited by7 opinions
- Eighmy v. . the PeopleNew York Court of Appeals · 1880
- State v. DaleWashington Supreme Court · 1920
- Fellinger v. PeopleNew York Supreme Court · 1862
- Burns v. PeopleNew York Supreme Court · 1871
- Burns v. PeopleNew York Supreme Court · 1871
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