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97 Sickels 639

9 N.Y.Crim. 206

People v. Mitchell

New York Court of Appeals

Decided April 10, 1894

New York Court of Appeals · decided 1894-04-10

<p>Appeal—Review—Criminal law.</p> <p>Where a conviction is reversed on the facts by the general term, the power to review the facts ends.</p>

Decided 1894-04-10

GRAY, J.

¶1The defendant was charegd 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.

¶2All concur.

¶3Appeal dismissed.

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