Birge v. People
New York Supreme Court
Motion by the District Attorney of Otsego county, to dismiss writ of error, and strike the bill of exceptions from, the return or record in this cause.
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Motion by the District Attorney of Otsego county, to dismiss writ of error, and strike the bill of exceptions from, the return or record in this cause. The prisoner was convicted of forgery in the second degree, and sentenced to the state prison at Auburn, for the term of six years, at a Court of Oyer and Terminer, held in Otsego county, on the first day .of July, 1859. Exceptions were taken on the trial by the prisoner’s counsel, but were not settled or signed during the sitting of the court. After the court was adjourned sine die, the prisoner’s counsel made a bill of' exceptions, .and…
1Opinion of the CourtBalcom, J.
I did not understand when I settled the bill of exceptions in this case, that any objection was made on the ground that I should go to Cooperstown and have the other members of the Oyer and Terminer present on the settlement of the bill. I supposed the only ground of objection was, that the prisoner’s counsel had no right to make a bill of exceptions, and have the same settled, after the adjournment of the Oyer and Terminer without day; and I shall examine the questions now raised, on the supposition that this was the only objection taken to the Settlement or signing of the bill.
If there was…
2Cited by3 opinions
- People v. Albany & Susquehanna Railroad Co.New York Supreme Court · 1870
- People v. Albany & Susquehanna Railroad Co.New York Supreme Court · 1870
- Wood v. PeopleNew York Supreme Court · 1874