People v. Doyle
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William Doyle, from a judgment of the Court of Sessions of Albany county, rendered on the 2d day of May, 1894, convicting him of the crime of assault in the third degree. The indictment was for assault in the second degree.
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Appeal by the defendant, William Doyle, from a judgment of the Court of Sessions of Albany county, rendered on the 2d day of May, 1894, convicting him of the crime of assault in the third degree. The indictment was for assault in the second degree. It charged that the defendant and one Hughes made an assault upon one Eord, •a policeman and peace officer of the city of Albany, and beat and bruised him while he was then and there lawfully engaged in the discharge of his duties as such policeman, and did unlawfully and willfully resist him in the discharge of his duties as such policeman with…
1Opinion of the Court
Merwin, J.:
The defendant claims that the court erred in refusing to allow the ■defendant to withdraw his plea of not guilty in order that he might *448make a motion to set aside the indictment on the ground that there were more persons acting on the grand jury than were entitled to act.. The question whether the defendant should have the leave asked for was in the discretion of the court. No reason for granting it is-disclosed hy the record. It is suggested that the defendant at his arraignment did not have counsel, hut that does not appear. We cannot say that the court erred or improperly…
2Cases cited2 opinions
- People Ex Rel. Kopp v. Board of Police CommissionersNew York Court of Appeals · 1886
- People v. BarberNew York Supreme Court · 1893
3Cited by8 opinions
- People v. FullerNew York Court of General Session of the Peace · 1935
- People v. BrimNew York Court of General Session of the Peace · 1960
- People v. DolacAppellate Division of the Supreme Court of the State of New York · 1957
- People v. ZizzoNew York Supreme Court · 1962
- People v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1897
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