People v. Hiley
New York County Courts
Appeal from a judgment of conviction in a court of special sessions, held by a justice of the peace. The information was in the following words, to-wit: “ Oneida County, .w. ; “ Wallace Clow, of the town of Western, Oneida county, N. Y., being duly sworn, says that on the 9th day of August, 1900, in said town of Western, the defendant above named struck him in the face with his fists and knocked him down and kicked him.
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Appeal from a judgment of conviction in a court of special sessions, held by a justice of the peace. The information was in the following words, to-wit: “ Oneida County, .w. ; “ Wallace Clow, of the town of Western, Oneida county, N. Y., being duly sworn, says that on the 9th day of August, 1900, in said town of Western, the defendant above named struck him in the face with his fists and knocked him down and kicked him. Deponent further prays that proper legal proceedings may be issued and that the said defendant be apprehended and held to answer this complaint and dealt with as the justice…
1Opinion of the CourtDunmore, J.
The conviction in this case must be reversed for the reason that the information upon which the defendant *256was tried did not sufficiently state the crime charged against him. The information did not designate any crime, or even allege that any crime had been committed. Neither the information nor the deposition alleged that the facts set forth were unlawfully or wrongfully committed.
If defendant committed the acts alleged.in self-defense or in defense of his property, or in any other lawful way, he was guilty of no crime. The information should have alleged that defendant committed a crime. It…
2Cases cited2 opinions
- Hewitt v. . NewburgerNew York Court of Appeals · 1894
- People v. OlmstedNew York Supreme Court · 1893
3Cited by4 opinions
- People ex rel. Sampson v. DunningAppellate Division of the Supreme Court of the State of New York · 1906
- People v. Zeigler, New York County Courts1932
- People v. SchildhausNew York Court of Special Session · 1958
- People v. DeckenbrockAppellate Division of the Supreme Court of the State of New York · 1913