People v. Briggs
Oyer and Terminer, Albany County
Defendant moved, upon an affidavit by himself and Hath aniel 0. Mo ah, his counsel, to quash an indictment .against him for murder in the first degree, in killing one '.Erfekine Wood, found by the grand jury at this term.
Read the full summary
Defendant moved, upon an affidavit by himself and Hath aniel 0. Mo ah, his counsel, to quash an indictment .against him for murder in the first degree, in killing one '.Erfekine Wood, found by the grand jury at this term. The affidavit alleged among other things, upon information :and belief, that on the hearing of the charge against defendant, on which the indictment was found by such grand jury, •..there was evidence tending to show that defendant shot and killed said Wood while committing adultery, or having carnal connection with defendant’s wife, and that on such hearing -defendant’s…
1Opinion of the CourtOsborn, P. J.
The defendant was indicted by the grand jury of Albany county, at this present term, for - the murder of one Erskine Wood, at the town of Coeymans, in July last. The defendant, upon being arraigned, was given, at the request of his counsel, an opportunity before pleading to move to quash the indictment, and his request was granted.
This motion is, therefore, to quash the indictment; also, that the accused may be furnished with the names of the witnesses who appeared before the grand jury, and on which the indictment was obtained, as well as the evidence, or a true copy thereof, as given by…
2Cases cited10 opinions
- United States v. CoolidgeU.S. Circuit Court for the District of Massachusetts · 1815
- People v. HulbutNew York Supreme Court · 1847
- Byrd v. StateMississippi Supreme Court · 1879
- Edwards v. GauldingMississippi Supreme Court · 1859
- Mullins v. CottrellMississippi Supreme Court · 1866
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- People v. LauderMichigan Supreme Court · 1890
- People v. DaghitaNew York Court of Appeals · 1949
- People v. SteinhardtNew York Supreme Court · 1905
- People v. SingerCourt Of Oyer And Terminer New York · 1886
- State v. NaughtonSupreme Court of Missouri · 1909
16 more not listed; retrieve them via the Exa API.