People v. Town Auditors of Castleton
Court Of Oyer And Terminer New York
Motion to quash indictment. An indictment against certain persons composing the board of auditors of the town of Castleton, was found by the grand jury at the court of sessions of the county of Richmond, at the February term, "1872; and. was afterwards removed to the oyer and terminer, under 3 Revised Statutes, 5 ed., § 86 (§ 76), et seq., pp. 1024, 1025. The indictment was for alleged “official misconduct,” and consisted of eleven distinct and separate counts.
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Motion to quash indictment. An indictment against certain persons composing the board of auditors of the town of Castleton, was found by the grand jury at the court of sessions of the county of Richmond, at the February term, "1872; and. was afterwards removed to the oyer and terminer, under 3 Revised Statutes, 5 ed., § 86 (§ 76), et seq., pp. 1024, 1025. The indictment was for alleged “official misconduct,” and consisted of eleven distinct and separate counts. Seven of the said counts were in form as follows : They charged that “ on the 20th day of November, , in the year one thousand eight…
1Opinion of the CourtTappen, J.
The defendant moves to quash the indictment upon the ground of insufficient allegations. The indictment contains a number of counts charging the defendant with official misconduct, in having audited and aided in auditing certain town accounts-against the town of Castleton while the defendant was the supervisor thereof. The insufficiency alleged against the indictment is chiefly that it fails to aver wherein such accounts were unlawful.
There are eleven distinct counts as follows:
1. For auditing a bill of fifty dollars, for rent of town clerk’s office.
2. For auditing a similar bill of one…
2Cases cited9 opinions
- People v. JewettNew York Supreme Court · 1829
- People v. GatesNew York Supreme Court · 1835
- People v. StockingNew York Supreme Court · 1866
- People v. BrooksCourt for the Trial of Impeachments and Correction of Errors · 1845
- Tappan v. BrownNew York Supreme Court · 1832
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