Winters v. State
Supreme Court of New Jersey
On error to the Supreme Court. The indictment in this case was for assault with intent to murder. The defendant was convicted and the case was removed to the Supreme Court by writ of error. It was argued at June Term, 1897, before Magie, Chief Justice, and Justices Depue, "Van Syckel and Gummere.
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On error to the Supreme Court. The indictment in this case was for assault with intent to murder. The defendant was convicted and the case was removed to the Supreme Court by writ of error. It was argued at June Term, 1897, before Magie, Chief Justice, and Justices Depue, "Van Syckel and Gummere. The following memorandum of decision was filed by Mr. Justice Gummere: “Gummere, J. The first error alleged is that there is nothing on record to show that the indictment, which was found in the Oyer and Terminer, was sent down by that court to the Sessions to be tried, and that consequently it…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
Grant S. Winters was convicted in the Court of Quarter Sessions of the county 'of Morris of an *615assault with intent to murder. The record, being here on a writ of error, the regularity of the procedure is questioned upon the ground that, although the indictment was received in the Sessions under section 148 of the Criminal Procedure act, it was not triable therein without the Order of the Court of Oyer and Terminer provided for in section 31 of the same act. There are other sections that bear upon the question, which, however, will not be…
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