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Reports of Decisions in Criminal Cases Made at Term at Chambers (Volume 4); And in the Courts of Oyer and Terminer of the State of New York [1823-1868]

Reports of Decisions in Criminal Cases Made at Term at Chambers (Volume 4); And in the Courts of Oyer and Terminer of the State of New York [1823-1868]


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: The People v. Saunders. If we had the power, I should like to send the case back for a new trial, but I do not think we have the power. See opinion of Bronson in People v. Taylor ( 3 Demo, 97). Judgment reversed. Cortland Oyer And Terminer. June, 1859. Before Mason, Justice of the Supreme Court, and the Justices of the Sessions. The People v. Geobge Saunders. To an indictment for rape, the prisoner pleaded that he had been convicted before W. B., a justice of the peace, on the oath of the prosecutrix, E. R. J., of an assault and battery upon her, and fined twenty dollars, which fine was paid by him, and that the assault and battery of which he was so convicted, was the same assaulting, beating, ravishing and carnally knowing of the said E. R. J., charged in the indictment for rape. On demurrer to such plea, it was adjudged bad, on the ground that the facts set forth in it constituted no defence to the indictment for rape. An acquittal upon an indictment for a felony, constitutes no bar to an indictment for a misdemeanor; and an acquittal for a mis demeanor is no bar to an indictment for a felony. To make the plea of aulrefois convict or auirefois acquit a- bar, it is necessary that the crime charged in both cases be precisely the same; and in considering the identity of the offences, it must appear by the plea that the offence charged in both cases was the same, in law and in fact. This case does not come within the provision of the Revised Statutes, which makes an acquittal or conviction, on a former trial for an offence, a bar to an indictment for such offenco in any other degree, or for an attempt to commit such offence. Where, in a case of felony, a plea of autrefois acquit or aittrcfois convict is interposed and overruled, there should be judgment o...


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Product Details
  • ISBN-13: 9780217871785
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 216
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 021787178X
  • Publisher Date: 02 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 395 gr


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Reports of Decisions in Criminal Cases Made at Term at Chambers (Volume 4); And in the Courts of Oyer and Terminer of the State of New York [1823-1868]
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