6 N.Y. 463, People v. Carnal
|Citation:||6 N.Y. 463|
|Party Name:||THE PEOPLE v. CARNAL.|
|Case Date:||July 01, 1852|
|Court:||New York Court of Appeals|
H. L. Clinton, for the defendant in error, moved to dismiss the writ, on the ground that prior to the act of 22d March, 1852, a writ of error did not lie in behalf of the people in a criminal case, and that that act did not authorize the present writ; which was issued to review a judgment rendered before the act was passed; citing The People v. Corning, (2 Comst. 9;) Dash v. Van Kleeck, (7 John. 477;) Butler v. Palmer, (1 Hill, 333-4.)
N. B. Blunt, (district attorney,) contra, cited Jackson v. Walker, (6 Hill, 261;) 10 How. U.S. Rep. 395, 401; People v. Green, (13 Wend. 55;) 4 Ad. & Ellis, 434; Smith's Com. on Stat.§ 155; Wharton's Cr. Law, p. 626.
THE COURT decided, that the act of 22d March did not authorize a writ of error in behalf of the people, where the judgment sought to be reviewed was rendered before the act was passed. The writ was therefore dismissed.
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