People v. Mitchell

• Decision Date: 10 April 1894
• Citation: 142 N.Y. 639
• Court: New York Court of Appeals Court of Appeals
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. CALEB W. MITCHELL, Respondent.

142 N.Y. 639

36 N.E. 1051

PEOPLE

v.MITCHELL.

Court of Appeals of New York.

April 10, 1894.

Appeal from supreme court, general term, third department.

Caleb W. Mitchell was convicted of keeping gambling house.The people appeal from a judgment of the general term (21 N. Y. Supp. 166) reversing such conviction.Appeal dismissed.

T. F. Hamilton, for the People.

J. S. L'Amoreaux, for respondent.

GRAY, J.

The defendant was charged with keeping a gambling house, and was found guilty by the jury, and sentenced to pay a fine of $500.Upon appeal from the judgment of conviction, it was reversed on the facts by the general term, and the discharge of the prisoner ordered.The people then appealed to this court.The appeal, however, should be dismissed.The power to review the facts ended with the action of the general term, and they have exercised it by ordering a reversal of the conviction, placing their order expressly upon the facts, and not upon the law.The appeal presents no exception, and this court, sitting only for the correction...