M'kee v. . the People
New York Court of Appeals
The act of 1855 (Laws 1855, ch. 337, as amended by Laws 1857, ch. 330) has no application to trials in Courts of Oyer and Terminer. It applies only to cases where there has been a conviction for a capital offence in the General Sessions of the Peace in and for the City and County of Hew York. Only in such cases, therefore, can the Court of Appeals grant new trials, whether or not exceptions have been taken in the Court below.
1Opinion of the Court
Davies, Ch.J.
At a Court of Oyer and Terminer, held in the county of Livingston, in the month of February, 1863, the Plaintiff in error was convicted of the crime of murder in the first degree, and sentenced to be executed on the third day of April, then next ensuing.
The homicide was committed on the 18th day of November, 1861. On the 9th day of March, 1863, a writ of error was brought upon said judgment to the Supreme Court, and at a General Term thereof, held on the 16th day of December, 1863, the judgment was affirmed, and on the 31st day of December, in the same year, the writ of error,…
2Cases cited9 opinions
- Carver v. JacksonSupreme Court of the United States · 1830
- Freeman v. PeopleNew York Supreme Court · 1847
- The People v. . RogersNew York Court of Appeals · 1858
- The People v. . ClarkNew York Court of Appeals · 1852
- Willis v. . the PeopleNew York Court of Appeals · 1865
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3Cited by13 opinions
- Kelley v. . People of the State of N.Y.New York Court of Appeals · 1874
- Aszman v. StateIndiana Supreme Court · 1890
- State v. MortensenUtah Supreme Court · 1903
- Mack v. StateWisconsin Supreme Court · 1880
- State v. MackOregon Supreme Court · 1911
8 more not listed; retrieve them via the Exa API.