People v. Rutherford
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Walter Rutherford, from so much of an order made by the county judge of Delaware county and entered in the office of the clerk of the cotinty of Delaware on the 22d day of August, 1899, as denied his motion to dismiss and set aside an indictment found by the grand jury of- Delaware county charging him with the crime of forgery in the second degree, in forging the name of Isaac Birdsell to a promissory note and uttering the same.
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Appeal by the defendant, Walter Rutherford, from so much of an order made by the county judge of Delaware county and entered in the office of the clerk of the cotinty of Delaware on the 22d day of August, 1899, as denied his motion to dismiss and set aside an indictment found by the grand jury of- Delaware county charging him with the crime of forgery in the second degree, in forging the name of Isaac Birdsell to a promissory note and uttering the same. The motion was made upon the minutes of evidence taken before the grand jury, and the grounds of the motion were that the evidence was…
1Opinion of the Court
Kellogg, J. :
If this court was permitted to examine the grounds of-the motion and base its decision thereon, I think it would have no hesitancy in declaring the motion to be without merit. The chief ground urged as legal error on the. part of the grand j úry is the listening to testimony of the one witness as to the whole transaction occurring between her and the defendant, had at one time, touching the two notes, for the forging of each of which he was separately indicted. It certainly would not be improper- for. the same grand jury to indict the same man for two distinct offenses. Having…
2Cases cited2 opinions
- The People v. . PetreaNew York Court of Appeals · 1883
- People v. DunnAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by20 opinions
- People v. . GlenNew York Court of Appeals · 1903
- United States v. KimballU.S. Circuit Court for the District of Southern New York · 1902
- People v. AcritelliNew York Court of General Session of the Peace · 1908
- People v. ThomasNew York Supreme Court · 1900
- People v. MartinAppellate Division of the Supreme Court of the State of New York · 1903
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