53 N.Y. 476 | NY | 1873
The proceedings sought to be reviewed in this case were not authorized by any statute of this State nor by any precedent to which we have been referred. The cases, cited by the learned district attorney were all capital cases where, at the time of the recapture of the prisoner, the time appointed for the execution had passed and a new award of execution must be made by the court to render the original judgment effectual. (King v.Okey, 1 Levinz, 61; Ratcliffe's Case, 18 Howell's State Trials, 430; Bland v. The State,
The judgment of the General Term should be reversed, and judgment entered in the Supreme Court quashing the writ of error.
All concur.
Ordered accordingly.