People v. Carroll
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, The People of the State of New York, to dismiss the defendant’s appeal from an order of the Supreme Court, made at Special Term and entered in the office of the clerk of the county of Albany on the 8tli day of May, 1905, denying the defendant’s motion for the appointment of a referee to take the deposition of one Gertie Bennett to be used upon a motion to set aside an indictment against the said defendant.
1Opinion of the Court
Per Curiam :
The defendant has been charged by indictment with the felonious abduction of one Lottie Peters, an infant under the age of eighteen years, to wit, of the age of sixteen years. Upon motion the court directed the district attorney to deliver to the defendant’s attorney the evidence taken before the grand jury upon which the indictment was found. This the district attorney was unable to do because the evidence was not preserved. Upon the indictment appear the names of the witnesses, Lottie Peters and Gertie Bennett. The defendant *148has made a motion to dismiss the indictment as secured…
2Cases cited3 opinions
- People v. . TrezzaNew York Court of Appeals · 1891
- People v. BissertAppellate Division of the Supreme Court of the State of New York · 1902
- People v. RutherfordAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by6 opinions
- In re MontgomeryAppellate Division of the Supreme Court of the State of New York · 1908
- People v. KahnAppellate Division of the Supreme Court of the State of New York · 1913
- People v. DundonAppellate Division of the Supreme Court of the State of New York · 1906
- People v. OliverAppellate Division of the Supreme Court of the State of New York · 1925
- People v. KahnAppellate Division of the Supreme Court of the State of New York · 1913
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