The People v. . Bennett
New York Court of Appeals
Writ of error to the supreme court in the sixth district. The defendant was tried for larceny, at the March term of the Cortland county court of sessions. -The indictment contained two counts. The first count charged the defendant with having feloniously stolen, taken, and carried- away a quantity of pork, of the value of $130, “of the goods, chattels, and personal property of one Alonzo W. Gates.”
Read the full summary
Writ of error to the supreme court in the sixth district. The defendant was tried for larceny, at the March term of the Cortland county court of sessions. -The indictment contained two counts. The first count charged the defendant with having feloniously stolen, taken, and carried- away a quantity of pork, of the value of $130, “of the goods, chattels, and personal property of one Alonzo W. Gates.” The second count recited the same transaction, only that it alleged the pork to "be the property of the county of Cortland. After the trial of the indictment had "been moved "by the…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] After the plea of not guilty had been entered, and the trial moved by the district attorney, the counsel for the prisoner made a motion to quash the indictment, because,
1. It did not appear, on the face of the indictment, that it was found or presented by a grand jury.
2. Because it did not appear, on its face, that it was found and presented by the requisite number of grand jurors.
3. Because it was not alleged, in the indictment, that the grand jury were charged…
2Cases cited4 opinions
- People v. CallCourt for the Trial of Impeachments and Correction of Errors · 1845
- Commonwealth v. MorseMassachusetts Supreme Judicial Court · 1817
- Lazell v. MillerMassachusetts Supreme Judicial Court · 1818
- Dillenback v. JeromeNew York Supreme Court · 1827
3Cited by25 opinions
- People v. . SweeneyNew York Court of Appeals · 1914
- Phelps v. . PeopleNew York Court of Appeals · 1878
- City of Buffalo v. MurphyAppellate Division of the Supreme Court of the State of New York · 1930
- Brooks v. . the PeopleNew York Court of Appeals · 1872
- People v. Pfitzmayer, New York County Courts1972
20 more not listed; retrieve them via the Exa API.