People v. Walsh
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant James W. Walsh, in the first and second actions, and by the defendants Laurence Eosenthal and another, in the third and fourth actions, from so much of an order of the Supreme Court, made at the Erie Criminal Term and entered in the office of the clerk of the county of Erie on the 20th day of December, 1915, as directs that the cases of the defendants be resubmitted to the next grand jury of Erie county for its action after the indictments had been…
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Appeal by the defendant James W. Walsh, in the first and second actions, and by the defendants Laurence Eosenthal and another, in the third and fourth actions, from so much of an order of the Supreme Court, made at the Erie Criminal Term and entered in the office of the clerk of the county of Erie on the 20th day of December, 1915, as directs that the cases of the defendants be resubmitted to the next grand jury of Erie county for its action after the indictments had been dismissed in each case on the court’s own motion.
1Opinion of the Court
Kruse, P. J.:
The question of the propriety of the dismissal of the indictments is not before us, and we, therefore, refrain from expressing any opinion thereon. What the defendants complain of is the direction contained in the order of dismissal that the matters be submitted to a new grand jury.
Chapter 7 of title 12 of part 4 of the Code of Criminal Procedure provides for the dismissal of a criminal action for want of prosecution upon the application of the defendant (§ 668). It also provides that the court may, either of its own motion or upon the application of the district attorney, order…
2Cases cited9 opinions
- People v. . GlenNew York Court of Appeals · 1903
- In re MontgomeryAppellate Division of the Supreme Court of the State of New York · 1908
- People Ex Rel. Hummel v. . Trial TermNew York Court of Appeals · 1906
- People v. . TrezzaNew York Court of Appeals · 1891
- People v. ButtsAppellate Division of the Supreme Court of the State of New York · 1907
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3Cited by3 opinions
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1920
- People v. ConklinAppellate Division of the Supreme Court of the State of New York · 1941
- People v. SherryAppellate Division of the Supreme Court of the State of New York · 1943