Messner v. . the People
New York Court of Appeals
Wbit of error from the judgment of the General Term of the Supreme Court in the seventh judical district, affirming the conviction of the prisoner at the Monroe county Oyer and Terminer. The defendant was indicted at the October term, in 1868, of the Oyer and Terminer in Monroe county, for the murder of his wife.
Read the full summary
Wbit of error from the judgment of the General Term of the Supreme Court in the seventh judical district, affirming the conviction of the prisoner at the Monroe county Oyer and Terminer. The defendant was indicted at the October term, in 1868, of the Oyer and Terminer in Monroe county, for the murder of his wife. He was tried at the April term, 1869, and convicted and sentenced to be hanged on the áth of June, 1869. On the 16th of June a writ of error was allowed to the 03er and Terminer and a stay of execution granted. Ho bill of exceptions having been signed or sealed as provided by the…
1Opinion of the CourtGbover, J.
The case shows that the Supreme Court, upon motion of the district attorney, ordered the cause to be heard upon the reporter’s minutes taken upon the trial of the prisoner, at the present term of the court, although such motion was opposed by the prisoner. This order was not authorized by law. Section 21, vol. 2, E. S., 736, gives to a defendant, on the trial of any indictment, the right to except to any decision of the court in the same cases and manner provided by law in civil cases, and provides that a bill thereof shall be settled, signed and sealed, and shall be filed with the clerk of…
2Cited by29 opinions
- Ball v. United StatesSupreme Court of the United States · 1891
- Schwab v. BerggrenSupreme Court of the United States · 1892
- People v. . SmithNew York Court of Appeals · 1902
- People v. . FaberNew York Court of Appeals · 1910
- People v. McClainNew York Court of Appeals · 1974
24 more not listed; retrieve them via the Exa API.