People v. Golden
New York Supreme Court
Writ of error to the Tioga County Sessions. The defendant was indicted for petit larceny, charged as a second offence. The indictment contained a general averment that the Court of Special Sessions, before which the defendant had been convicted, had jurisdiction, but omitted to state the particular facts showing jurisdiction. On demurrer to the indictment, judgment was given in favor of the defendant, and the people brought error to this court.
1Opinion of the CourtBalcom, J.
The Revised Statutes contain a section which declares that: “No indictment shall „be deemed invalid, nor shall the trial, judgment or other proceedings thereon be affected,” by reason of several specified defects, omissions and imperfections; and the section concludes in these words, viz.: “ by reason of any other defect or imperfection in matters of form, which shall not tend to the prejudice of the defendant.” (2 R. S., 728, § 52, subd. 4.) And the Court of Appeals have held that the statements in an indictment against a person for a second offence of petit larceny, where the first…
2Cases cited2 opinions
- People v. PhelpsNew York Supreme Court · 1830
- People v. TredwayNew York Supreme Court · 1848
3Cited by1 opinion
- Eighmy v. . the PeopleNew York Court of Appeals · 1880