People v. Breese

New York Supreme Court

People v. Breese

7 Cow. 428

DecidedAugust 15, 1827

StatusPublished

This text of 7 Cow. 428 (People v. Breese) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Breese, 7 Cow. 428 (N.Y. Super. Ct. 1827).

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Opinion

Cuth.

We think, on the last ground taken by the district attorney, this indictment is sustainable. We do notice the civil divisions of the state, created by statute. It was so held in the M..S. case cited. Saying the offence was committed in Frankfort, a town which we know is in Herkimer, was, therefore, equivalent to an express allegation that it was committed in Herkimer.

It being understood by the counsel, that, if this court held the indictment good, the record should be remitted, to the end that the sessions might give judgment, no sentence was here given; but the decision was received as advisory to the court below.

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Cuth.

We think, on the last ground taken by the district attorney, this indictment is sustainable. We do notice the civil divisions of the state, created by statute. It was so held in the M..S. case cited. Saying the offence was committed in Frankfort, a town which we know is in Herkimer, was, therefore, equivalent to an express allegation that it was committed in Herkimer.

It being understood by the counsel, that, if this court held the indictment good, the record should be remitted, to the end that the sessions might give judgment, no sentence was here given; but the decision was received as advisory to the court below.

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Bluebook (online)

7 Cow. 428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-breese-nysupct-1827.