People ex rel. Hummel v. Davy
Appellate Division of the Supreme Court of the State of New York
Application by the relator, Abraham H. Hummel, for a writ of prohibition directed to the respondents restraining them from proceeding further in certain criminal actions against the relator instituted by indictments of the grand jury of the county of Hew York, a motion to set aside which had been denied.
1Dissent
Ingraham, J. (dissenting):
This application presents several novel and interesting questions, but the necessity of an early decision and the limited timé at my disposal make a full discussion impossible. I shall, therefore, state quite briefly the considerations that have satisfied me that the writ should issue.
The Bill of Rights, made a part of the Constitution of this State (Art. 1, § 6), provides as follows: “Ho person shall be held to answer for a capital or otherwise infamous crime * * * unless on presentment or indictment of a grand jury * * *. Ho person shall be subject to be twice put…
2Cases cited10 opinions
- Counselman v. HitchcockSupreme Court of the United States · 1892
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
- Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
- People Ex Rel. Lewisohn v. . O'BrienNew York Court of Appeals · 1903
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