Kohl v. State
| Decision Date | 07 October 1896 |
| Citation | 35 A. 652,59 N.J.L. 195 |
| Parties | KOHL v. STATE. |
| Court | New Jersey Supreme Court |
(Syllabus by the Court.)
Error to supreme court.
Henry Kohl was convicted of murder, and brought error. The writ was dismissed, and from the order of dismissal defendant brings error. Affirmed.
Thomas S. Henry and Chauncey H. Beasley, for plaintiff in error.
Elvin W. Crane, for the State.
The plaintiff in error, having been convicted in the Essex oyer and terminer of murder in the first degree, and sentenced to be hanged, caused a writ of error to be issued from the supreme court on April 6, 1895, in order to test the legality of his conviction. On motion of the public prosecutor this writ was dismissed by the supreme court because it had not been allowed by the chancellor. This action of the court is now before us for review.
On behalf of the plaintiff in error it is urged that his writ of error was a writ of right, by virtue of the amendment to the criminal procedure act, approved March 12, 1878 (P. L. 1878, p. 80), which is as follows: "Be it enacted," etc., It is plain that, if this enactment is to have the force which its language imports, the writ of error is, in all criminal cases, including those punishable with death, a writ of right. But it is equally plain that, in case punishable with death, the writ of right is to issue out of the court of errors and appeals alone. Hence, taken as a whole, the words of the statute afford no support to the claim that such a writ may issue out of the supreme court.
Counsel for the plaintiff in error, however, further argue that, according to the decision...
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State v. King
...is that counsel for the plaintiff-inerror does not give due and proper effect to the decision of this court in the case of Kohl v. State, 59 N. J. Law, 195, 35 A. 652, where the court of errors and appeals left undecided the question whether the allocatur of the chancellor, is a jurisdictio......
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State v. Merra
...out of the Supremo Court, the convict may then sue out such writ from the Court of Errors and Appeals as one of right. Kohl v. State, 59 N. J. Law, 195, 35 A. 652. Before the passage of the act of 1878, whenever application was made to the Chancellor for a writ of error out of the Supreme C......