People v. Pugliese
New York Supreme Court
The defendant moves to set aside the verdict for the people and for a new trial. The action was brought upon a forfeited bail bond.
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The defendant moves to set aside the verdict for the people and for a new trial. The action was brought upon a forfeited bail bond. One Columbo had been held, by a magistrate, to answer a charge of violating the Liquor Tax Law and admitted to bail; the condition of the undertaking being that the said Columbo should “ appear and answer the charge * * * in whatever court it may be prosecuted; * * * and at all times render himself amenable to the orders and process of the court.” Upon the trial the people-plaintiff proved the undertaking and the records of proceedings had in the Magistrates’…
1Opinion of the CourtKelby, J.
The objection made by defendant is that there was neither pleading, nor proof, of notice to the accused and the surety that the criminal case would be called for trial and that the people did not establish a prima facie case by introducing in evidence simply the undertaking, the records of the courts and the order of the forfeiture.
After being held by the magistrate, the accused was open to prosecution in any one of three manners: -by proceedings in the County Court if indicted by the regular grand jury; by proceedings in the Supreme Court if indicted by a special grand jury; or by…
2Cases cited8 opinions
- City of New York v. . MatthewsNew York Court of Appeals · 1904
- Champlain v. . the PeopleNew York Court of Appeals · 1848
- Pernetti v. PeopleAppellate Division of the Supreme Court of the State of New York · 1904
- The People v. . PowersNew York Court of Appeals · 1851
- People v. McKennaAppellate Division of the Supreme Court of the State of New York · 1901
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