People v. Gassett
New York Supreme Court
George G. Gassett was indicted for murder in the first degree. On motion for permission to inspect the minutes of the grand jury.
1Opinion of the CourtPound, J.
It seems to be the well-settled rule in this state that inspection of the minutes of the grand jury can never be had as a matter of right and does not depend upon whether or not a preliminary examination has been had. People v. Steinhardt, 47 Misc. Rep. 252, 93 N. Y. Supp. 1026; Matter of Montgomery, 126 App. Div. 72, 110 N. Y. Supp. 793. The sole purpose for which an inspection of the *556minutes can be granted is to enable defendant to make a motion to set aside the indictment for reasons stated in Code Cr. Proc. § 313, or where hfs constitutional rights have been invaded. People v. Glen, 173…
2Cases cited5 opinions
- People v. . GlenNew York Court of Appeals · 1903
- People v. . SextonNew York Court of Appeals · 1907
- In re MontgomeryAppellate Division of the Supreme Court of the State of New York · 1908
- People v. SteinhardtNew York Supreme Court · 1905
- People v. GlaserNew York Supreme Court · 1908
3Cited by4 opinions
- Steensland v. HoppmannWisconsin Supreme Court · 1934
- People v. Nicosia, New York County Courts1937
- People v. KeavinNew York Supreme Court · 1924
- People v. WalburnNew York Supreme Court · 1916