People v. Stanton
Oneida County Court
Defendant moves to dismiss an indictment found against him by the grand jury of Oneida county in January, 1914, for the reason that a former grand jury of Oneida county, on May 16, 1913, also found an indictment against him for the same offense, and that he had entered thereto a plea of “ not guilty.”
1Opinion of the Court
Hazakd, J.:
It is the contention of the defendant that by reason of his plea of not guilty to a former indictment, he has been “put in jeopardy” thereunder; and that, therefore, this indictment must be set aside. He cites two cases claimed to support that theory. The first is People v. Bissert, 71 App. Div. 118, 18 N. Y. Grim. 409. The exact purport of that case is somewhat in doubt. The first headnote states that the decision is to the effect that in a case like this a grand jury has *73power pending the decision of a demurrer to an indictment found by it to find a second indictment against the…
2Cases cited7 opinions
- People v. GoodwinNew York Supreme Court · 1820
- People v. . SmithNew York Court of Appeals · 1902
- People v. . CignaraleNew York Court of Appeals · 1888
- People v. . RosenthalNew York Court of Appeals · 1910
- People v. BissertAppellate Division of the Supreme Court of the State of New York · 1902
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