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
 
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Page 463

6 N.Y. 463

THE PEOPLE

v.

CARNAL.

New York Court of Appeal

July 1, 1852

Page 464

COUNSEL

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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