People v. Doyle
Appellate Division of the Supreme Court of the State of New York
Appeal from court of sessions, Albany county. William Doyle was convicted of assault in the third degree, and appeals. The indictment was for assault in the second degree.
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Appeal from court of sessions, Albany county. William Doyle was convicted of assault in the third degree, and appeals. The indictment was for assault in the second degree. It charged that the defendant and one Hughes made an assault upon one Ford, a policeman and peace officer of the city of Albany, and beat and bruised him, while he was then and there lawfully engaged in the discharge of his duties as such policeman, and did unlawfully and willfully resist him in the discharge of his duties as such policeman, with the intent on the part of the said Doyle and Hughes then and there to prevent…
1Opinion of the CourtMerwin, J.
The defendant claims the court erred in refusing to allow the defendant to withdraw his plea of not guilty, in order that he might make a motion to set aside the indictment on the ground that there were more persons acting on the grand jury than were entitled to act. The question whether the defendant should have the leave asked for was in the discretion of the court. No reason for granting it is disclosed by the record. It is suggested *320that the defendant, at his arraignment, did not have counsel, but that does not appear. We cannot say that the court erred, or improperly exercised its…
2Cases cited2 opinions
- People Ex Rel. Kopp v. Board of Police CommissionersNew York Court of Appeals · 1886
- People v. BarberNew York Supreme Court · 1893