In re Klein

The return by the sheriff, that the petitioner is held under a warrant of commitment under an indictment for arson, is traversed by the allegation that the said indictment is void, in that it was found upon no legal evidence. "This is a good traverse. The grand jury has no more right to find an indictment without evidence than a magistrate has to arrest or commit without evidence. It is a question of jurisdiction. Matter of Henry, 13 Misc. Rep. 734. For a grand jury to find an indictment, the same as for a magistrate to hold for indictment, upon no evidence, would be acting without…