Legal Opinion

People v. Rathbun

New York County Courts

Decided June 15, 1904PublishedCited by 1 opinion

Demurrer to the indictment.

1Opinion of the CourtSmith, J.

The indictment accuses the defendants of the crime of conspiracy.

The defendants demur to the indictment on the following grounds:

First. The indictment does not describe the crime mentioned in the Penal Code sufficiently to identify the same.

Second. . The facts stated in the indictment do not constitute a crime.

*456Third. The indictment does not conform substantially to the requirement of sections 275 and 276 of the Code of Criminal Procedure, in that the acts constituting the crime are not sufficiently set forth.

Fourth. The checks and drafts referred to on the face of the indictment are not…

2Cases cited10 opinions

  1. People v. MatherNew York Supreme Court · 1830
  2. People v. . McKaneNew York Court of Appeals · 1894
  3. Commonwealth v. KingsburyMassachusetts Supreme Judicial Court · 1809
  4. People v. WicksAppellate Division of the Supreme Court of the State of New York · 1896
  5. Elkin v. . the PeopleNew York Court of Appeals · 1863

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3Cited by1 opinion

  1. People v. TavorminaNew York Court of Appeals · 1931

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