Legal Opinion

People v. Herrmans

New York County Courts

Decided October 15, 1910PublishedCited by 12 opinions

Motion to dismiss an. indictment on the ground that it was found by an illegally constituted grand jury.

1Opinion of the CourtSweetland, J.

At the September, 1910, term of the Supreme Court held in and for Tompkins county, the grand jury presented an indictment against the defendant, charging him with the crime of assault in the second degree. The indictment was presented by the foreman of the grand jury to the court and there filed. A roll call of the grand jury then disclosed the fact that but fifteen grand jurors were in attendance, including the foreman. The defendant was not present in court at that time, and an order was made by the Supreme Court sending the indictment to the County Court. Upon *102arraignment in County Court,…

2Cases cited13 opinions

  1. Ex Parte BainSupreme Court of the United States · 1887
  2. Cancemi v. . the PeopleNew York Court of Appeals · 1858
  3. Gladden v. StateSupreme Court of Florida · 1868
  4. Davidsburgh v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1882
  5. People of the State of N.Y. v. . ShawNew York Court of Appeals · 1875

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3Cited by12 opinions

  1. State v. BrownSupreme Court of Missouri · 1954
  2. People v. CollierNew York Court of Appeals · 1988
  3. People v. BlairNew York Court of General Session of the Peace · 1942
  4. State v. RhodesSupreme Court of New Jersey · 1953
  5. People v. InfanteAppellate Division of the Supreme Court of the State of New York · 1987

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