People v. Nugent
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, David J. Nugent, from a judgment of the County Court of Erie county in favor of the People, rendered on the 17th day of January, 1900, upon the verdict of a jury convicting him of the crime of assault in the second degree, and also from an order entered in said clerk’s office on the 15.th day of January, 1900, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 17th day of…
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Appeal by the defendant, David J. Nugent, from a judgment of the County Court of Erie county in favor of the People, rendered on the 17th day of January, 1900, upon the verdict of a jury convicting him of the crime of assault in the second degree, and also from an order entered in said clerk’s office on the 15.th day of January, 1900, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 17th day of January, 1900, denying the defendant’s motion for the appointment of a commission to take testimony of witnesses, and…
1Opinion of the Court
Williams, J.:
The indictment was found and filed in County Court July 27,1899. The defendant was arraigned July 28, 1899, and objected to such arraignment, and moved to set aside the indictment upon the ground that the court had not been properly convened, was not a court at all, because: '
1. The order convening the same 'was made by the County Court instead of the county judge, as required by the Code of Civil Procedure (§ 355) and Code of Criminal Procedure (§ 45). .
2. The order was never published as required by either section 356 of the Code of Civil Procedure or section 45 of the Code of…
2Cases cited5 opinions
- The People v. . PetreaNew York Court of Appeals · 1883
- People v. . YoungsNew York Court of Appeals · 1896
- Northrup v. . the PeopleNew York Court of Appeals · 1867
- Lowerre v. OwensAppellate Division of the Supreme Court of the State of New York · 1897
- People v. . HerrmannNew York Court of Appeals · 1896
3Cited by10 opinions
- Stockslager v. United StatesCourt of Appeals for the Ninth Circuit · 1902
- People v. Briggs, New York County Courts1966
- McDonald v. ColdenNew York Supreme Court · 1943
- People ex rel. Childs v. Extraordinary Trial Term of the Supreme CourtAppellate Division of the Supreme Court of the State of New York · 1918
- People ex rel. Jimerson v. FreibergNew York Supreme Court · 1930
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