People v. Dundon
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The People of the State of New York,. from an order of the Supreme Court, made at the Broome Trial Term and entered in. the office of the clerk of the county of Broome on the 20th day of March, 1906, dismissing an indictment against the defendants. 1
1Opinion of the Court
Cochrane, J.:
The defendants were indicted for the crime of grand larceny in the second degree. In the investigation of the charge resulting in such indictment the grand jury received the depositions of two witnesses who were at the time absent from the State. ' These depositions had been properly taken as required by subdivision 3 of section 8 of the Code of Criminal Procedure. And upon satisfactory proof to the court as required by said last-mentioned provision that the witnesses could not with due diligence be found in the State, their depositions became proper evidence before the grand…
2Cases cited2 opinions
- McMahon v. . RauhrNew York Court of Appeals · 1871
- People v. CarrollAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by4 opinions
- In re MontgomeryAppellate Division of the Supreme Court of the State of New York · 1908
- State v. McEnroeNorth Dakota Supreme Court · 1939
- People v. KahnAppellate Division of the Supreme Court of the State of New York · 1913
- People v. KahnAppellate Division of the Supreme Court of the State of New York · 1913