Legal Opinion

People v. Fabian

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1908PublishedCited by 13 opinions

Appeal by the plaintiff, The People of the State of New York, from an order of the Court of General Sessions of the Peace in and for the county of New York, entered in the office of the clerk of said court on the 23d day of December, 1907, sustaining a demurrer to an indictment.

1Opinion of the Court

Ingraham, J.:

The defendant was, indicted for voting at an election, not being qualified to vote. The indictment alleged that the defendant with one John M. Clark was indicted for burglary in the third degree; that upon the trial of said indictment on February 21,1905, the jury rendered a verdict finding the defendant and Clark guilty of the crime of burglary in the third degree ; that the court ordered that the judgment against the defendant for the felony and burglary in the third degree whereof he was so found guilty should be suspended and afterwards, to wit, on Tuesday, the 5th of…

2Cited by13 opinions

  1. People Ex Rel. Marcley v. LawesNew York Court of Appeals · 1930
  2. Smith v. ToddSupreme Court of South Carolina · 1930
  3. Gunning v. CoddNew York Court of Appeals · 1980
  4. Smith v. CommonwealthSupreme Court of Virginia · 1922
  5. State v. BlanchardSupreme Judicial Court of Maine · 1960

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