Biggs v. People
New York Supreme Court
Error to the general sessions of the city and county of New-York. The plaintiff in error was indicted, together with one Franklin L. Bragg, under the 58th section of the 2d volume of the revised statutes, page 764, 3d ed., for sending a threatening letter with a view and intent to extort money from William B. Astor.
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Error to the general sessions of the city and county of New-York. The plaintiff in error was indicted, together with one Franklin L. Bragg, under the 58th section of the 2d volume of the revised statutes, page 764, 3d ed., for sending a threatening letter with a view and intent to extort money from William B. Astor. The prisoner having been convicted in the court of general sessions, upon the indictment generally, brought this writ of error; upon which the grounds of error alledged were in respect to the form of the indictment. The first count charged that Biggs, the plaintiff in error, and…
1Opinion of the Court
By the Court, Edmonds, P. J.
'That certainty and precision, in an indictment, is required, which will enable the defendant to judge whether the facts and circumstances stated constitute an indictable offence; that he may know the nature (of the offence against which he is to prepare his defence; that he may plead a conviction or acquittal in bar of another indict*551ment; and that there may be no doubt as to the nature of the judgment to be given in case of conviction.
The first count in this indictment is enough for all this. The addition of the words “ belonging to said Astor” would not be…
2Cases cited1 opinion
- People v. RyndersNew York Supreme Court · 1834
3Cited by9 opinions
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- United States v. BettiliniUnited States Circuit Court for the Northern District of Florida · 1871
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