People v. Corbalis
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The People of the State of New York, from an order of the County Court of Westchester county, entered in the- office of the clerk of the county of Westchester on the 11th day of May, 1903, sustaining the defendants’ demurrer to an indictment against them charging them with the crime of pool selling, in violation of section 351 of the Penal Code, and directing that the charge be resubmitted to the grand jury.
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Appeal by the plaintiff, The People of the State of New York, from an order of the County Court of Westchester county, entered in the- office of the clerk of the county of Westchester on the 11th day of May, 1903, sustaining the defendants’ demurrer to an indictment against them charging them with the crime of pool selling, in violation of section 351 of the Penal Code, and directing that the charge be resubmitted to the grand jury. The indictment demurred to was as follows : “ The Grand Jury of the County of Westchester by this indictment accuse Thomas F. Corbalis, John H. Hanratty, Michael…
1Opinion of the Court
Hooker, J. :
The demurrants seek to sustain the judgment appealed from upon the ground that the indictment in question does not comply with the rule that it must first state the crime and second the acts constituting the crime. Upon this question is cited the case of People v. Dumar (106 N. Y. 502) and the doctrine is reiterated in People v. Klipfel (160 id. 371) ; People v. Peckens (153 id. 576) ; People v. Helmer (154 id. 596, 600) ; People v. Willis (158 id. 392, 396). The indictment in its 1st paragraph clearly charges the crime for it makes the charge in the words of the statute, and this…
2Cases cited8 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- People v. . DumarNew York Court of Appeals · 1887
- Phelps v. . PeopleNew York Court of Appeals · 1878
- Bork v. . the People of the State of New YorkNew York Court of Appeals · 1883
- People v. KaneAppellate Division of the Supreme Court of the State of New York · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People v. PlathCalifornia Supreme Court · 1913
- People v. BradfordCalifornia Court of Appeal · 1949
- State Ex Rel. Kusie v. WeberNorth Dakota Supreme Court · 1943
- People v. FernandezNew York Supreme Court · 1978
- People v. McCueAppellate Division of the Supreme Court of the State of New York · 1903
5 more not listed; retrieve them via the Exa API.