People v. Willingham
New York Supreme Court
1Opinion of the Court
Edward Thompson, J,
Defendant, under an indictment of assault, second degree (2 counts), brings on this motion for an order permitting him to amend his original plea of not guilty by adding a plea of former acquittal (Code Crim. Pro., § 332, subd. 3) and for an order dismissing the indictment on the ground that his former jeopardy of conviction of the crimes thereby charged bars his further prosecution thereunder. The motion to amend the plea in the form requested is denied, because the termination of the prior trial did not result in a judgment of acquittal (Code Crim. Pro., § 334, subd. 4)…
2Cases cited6 opinions
- People Ex Rel. Stabile v. . Warden, Etc.New York Court of Appeals · 1911
- People Ex Rel. Meyer v. WardenNew York Court of Appeals · 1936
- People v. GoldfarbAppellate Division of the Supreme Court of the State of New York · 1912
- People v. . GoldfarbNew York Court of Appeals · 1914
- People Ex Rel. Blue v. KearneyNew York Court of Appeals · 1944
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. BrunsonSupreme Court of North Carolina · 1990
- Bland v. Supreme CourtNew York Court of Appeals · 1967