Legal Opinion

People v. Henry

Appellate Division of the Supreme Court of the State of New York

Decided April 8, 1921PublishedCited by 10 opinions

Appeal by the defendant/ Dominick Henry, from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 15th day of June, 1920, convicting him of the crime of perjury, and also, as stated in the notice of appeal, from the decision of the court overruling the demurrer to the indictment entered on the 27th day of May, 1920.

1Opinion of the Court

Greenbaum, J.:

Defendant was tried under an indictment by the extraordinary grand jury upon the charge of perjury.

*179The indictment alleges that on March 30, 1920, there was pending before the grand jury a certain investigation and inquiry for the purpose, among other things, of ascertaining whether one James E. Smith, an assistant district attorney for the county of New York, had asked, received or agreed to receive a bribe, in violation of section 372 of the Penal Law, and “ whether the said James E. Smith * * * had wilfully neglected to perform his duty as a public officer, in violation of…

2Cases cited3 opinions

  1. People v. DoodyAppellate Division of the Supreme Court of the State of New York · 1902
  2. People ex rel. Madigan v. SturgisAppellate Division of the Supreme Court of the State of New York · 1905
  3. People v. SaittaAppellate Division of the Supreme Court of the State of New York · 1915

3Cited by10 opinions

  1. State v. WoolleySupreme Court of Vermont · 1937
  2. People v. PhillipsNew York Supreme Court · 1958
  3. People v. VelellaNew York Court of General Session of the Peace · 1961
  4. People v. Wright, New York County Courts1961
  5. People v. Frost, New York County Courts1953

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