Majority
p. 506The People vs. Rundle.
Headnote
A recognizance for the appearance of witnesses to testify on an indictment in a court of general sessions, must contain an acknowledgment of indebtedness to the people, and mention the offence charged, or no action can be maintained upon it.Debt on recognizance, tried before Cushman, C. Judge, at the Columbia circuit, in March, 1843. On the trial, the district attorney produced the minutes of the court of general sessions of Columbia county for September term, 1841, in which was an entry as follows: “ The People v. Ambrose F. Woolsey. Milton Niles, Solomon Rundle, &c. [naming seventeen others,] are recognized in the sum of $100 each, conditioned for their
p. 507cited 2 R. S. 362, § 23; id. 746, § 24; 4 Wend. 387 ; 10 id. 431 . cited 17 Wend. 252 .
appearance at the next court of general sessions of the peace to testify on the part of the people in the above cause.” There were four indictments pending against Woolsey in the general sessions at the time this entry was made. The judge decided that the entry was not a sufficient recognizance, and ordered a nonsuit. A motion was now made for a new trial on a bill of exceptions.
T. Miller, (district attorney,) for the people,
K. Miller, for the defendant,
The entry produced does not amount to a recognizance. There is no acknowledgment of indebtedness to the people of this state; nor is it stated that there was any indictment or charge against "Woolsey. The offence, if any, should have been mentioned. If it was not utterly void, it was at the most only a memorandum from which the record of a recognizance might have been drawn up. The nonsuit was-properly ordered.
New trial denied.
Cases cited
- People v. Van Eps 4 Wend. 387 p. 507
- People v. Blankman 17 Wend. 252 p. 507