Legal Opinion

People v. Webber

New York County Courts

Decided May 15, 1912PublishedCited by 2 opinions

Motion to inspect the minutes of the grand jury; motion to dismiss the indictment upon the ground that the' defendant, Webber, had gained immunity; demurrer to indictment.

1Opinion of the Court

Oantine, J.:

Eor the reasons stated in the case of People v. Elite Distributing Company and Samuel W. Webber (post, page 345), *343the motion for an inspection of the grand jury minutes is denied. ,

The defendant claims in the motion to dismiss the indictment that his constitutional immunity from testifying against himself was infringed, when he was called before the grand jury in October, to testify in the case of People v. Kiss and Graubart, and, even conceding his statement before the grand jury to be false, and material to the issue, it could not be the basis of a charge for perjury.

These views…

2Cases cited7 opinions

  1. Counselman v. HitchcockSupreme Court of the United States · 1892
  2. People v. GilletteAppellate Division of the Supreme Court of the State of New York · 1908
  3. People Ex Rel. Lewisohn v. . O'BrienNew York Court of Appeals · 1903
  4. Hendrickson v. . the PeopleNew York Court of Appeals · 1854
  5. People ex rel. Hummel v. DavyAppellate Division of the Supreme Court of the State of New York · 1905

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. People v. RendigsNew York Court of General Session of the Peace · 1924
  2. People v. RendigsNew York Court of General Session of the Peace · 1924

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