Majority
p. 68The People vs. Townshend.
Headnote
HE defendant was convlNed under the Statute, at the laft Court of Oyer and Terminer in Dutchefs, of perjury, and abfconded before judgment. Afterwards he voluntarily furrendered him-felf, but judgment was not pronounced,who prefided at the trial, now reports to the Court that the verdift was againft evidence, and that it was given on grounds not pertinent.
Per Curiam. There mull be a new; trial: and the judge who may prefide at the next Oyer and Ter-miner in Dutchefs, will communicate this opinion to the judges of that Court. In the mean time the defendant mail give bail for his appearance.
The proceedings which have been brought up by certiorari, not having been aftually received, siuft hb returned. If they had been filed her^
p. 69
they could not be fent back to the Oyer and Ter-miner; no form of procefs for fuch purpofe is to be found in the books; but the Court mull have proceeded to try the defendant at bar by a Jury returned from Dutchefs, or have fent the caufe down to the next Circuit to be held there. The Court incline to the opinion, that in a capital cafe it would be otherwife, and that no fuch cafe could be lent down for trial.
Benfon J. fuggefted that a certiorari for bringing up the proceedings. in like cafes ought only to be allowed in open Court.
Vide Ludlow ads. The People, ante, page 34.