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Decker v. People

32 N.Y. Sup. Ct. 67 Court N.Y. Gen. Term English

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p. 67
William P. Decker, Plaintiff in Error, v. The People of the State of New York, Defendant in Error.

Conviction and judgment reversed, and proceedings remitted to the Court of Sessions of Allegany county to proceed thereon. Held, that as no plea was put in by the defendant, except the special plea that was overruled, it was error to impose sentence without any admission of guilt by the defendant, or without proof of the same (2 R. S., 730, § 70). Held, also, that the plea was properly overruled, and the motion in arrest was properly denied.