People v. Booth
New York Supreme Court
Motioet to vacate and set aside an indictment on the ground that there was not sufficient evidence before the grand jury to warrant the finding of the indictment, and on the further ground that it was found upon incompetent and illegal evidence.
1Opinion of the CourtClark, J.
This is a motion to set aside an indictment found against the defendant by the grand jury of Ontario county in October, 1906, charging him with a violation of section 83 of the Penal Code, the precise charge being that *341at the time stated in the indictment the defendant took, from the custody of the sheriff of Ontario county, certain articles of personal property, described in the indictment, which articles had been levied upon by the sheriff and were in his lawful possession by virtue of a certain execution in his hands for collection, which had been issued upon a judgment obtained in the…
2Cases cited5 opinions
- Hope v. . People of the State of New YorkNew York Court of Appeals · 1881
- People v. WillisNew York Supreme Court · 1898
- People v. FarrellNew York Court of Special Session · 1897
- People v. EdwardsCourt Of Oyer And Terminer New York · 1893
- People v. SextonNew York Supreme Court · 1903
3Cited by2 opinions
- People v. BlairNew York Court of General Session of the Peace · 1942
- People v. Fullington, New York County Courts1935