People v. Mitchell

Citation142 N.Y. 639,36 N.E. 1051
Decision Date10 April 1894
CourtNew York Court of Appeals


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.


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 of errors of law, is not required further to review the questions of fact. The appeal should be dismissed. All concur. Appeal dismissed.

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4 cases
  • People v. Mackell
    • United States
    • New York Court of Appeals Court of Appeals
    • 10 Junio 1976
    ...courts which reversed and dismissed indictments and informations. (People v. Kuland, 266 N.Y. 1, 3, 193 N.E. 439, 440; People v. Mitchell, 142 N.Y. 639, 36 N.E. 1051.) However, the sounder and more well-established principle was that an order reversing and dismissing an indictment though re......
  • People v. Calabur
    • United States
    • New York Court of Appeals Court of Appeals
    • 20 Mayo 1904 the Court of Appeals. People v. O'Brien, 164 N. Y. 57, 58 N. E. 117;People v. Grossman, 168 N. Y. 47, 60 N. E. 1050;People v. Mitchell, 142 N. Y. 639, 36 N. E. 1051;People v. Stevens, 104 N. Y. 667, 10 N. E. 527;People v. Conroy, 97 N. Y. 62;People v. Boas, 92 N. Y. 560;Harris v. Burdett......
  • Rabe v. Consolidated Ice Co.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 25 Febrero 1902
  • People v. Underhill
    • United States
    • New York Court of Appeals Court of Appeals
    • 10 Abril 1894

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