People v. Carnal

Headnote

Construction of Statute.

A statute will not be construed to have a retroactive effect, unless such he clearly tire intent of the legislature.

Motion to dismiss writ of error. Henry Carnal having been convicted of murder, in the court of oyer and terminer of New York, sued out a writ of error from the supreme court, where the judgment of the oyer and terminer was reversed, and a new trial awarded, in February 1852.

On the 22d March 1852, an act of the legislature was * ara i *Passe<^ (c- 82), which provided, that “ writs of error to review any judgment rendered in favor of any defendant upon any indictment for any criminal offence, except where such defendant shall have been acquitted by a jury, may be brought in behalf of the people of this state, by the district-attorney of the county where such judgment shall be rendered, upon the same being allowed by a justice of the supreme court; and the court of appeals shall have full power to review, by writ of error in behalf of the people, any such judgment rendered in the supreme court in favor of any defendant charged with a criminal offence.”

After the passage of this act, the present writ of error was sued out by the district-attorney in behalf of the people; and there was a motion to dismiss the same.