People v. Grout
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward M. Grout, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 14th day of November, 1914, denying, without prejudice to a renewal thereof, defendant’s motion to supersede and set aside an indictment found against him October 11, 1911, and to dismiss the same for lack of prosecution; and defendant separately appeals from that part of said order, made upon…
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Appeal by the defendant, Edward M. Grout, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 14th day of November, 1914, denying, without prejudice to a renewal thereof, defendant’s motion to supersede and set aside an indictment found against him October 11, 1911, and to dismiss the same for lack of prosecution; and defendant separately appeals from that part of said order, made upon the court’s own motion, remitting the indictment to the County Court, in which it was originally found, and directing…
1Opinion of the Court
Rich, J.:
The appellant asks that so much of the order as remits the indictment for trial to the County Court of Kings county be reversed, and the learned district attorney contends that we are without power to consider this appeal for the reason that no independent direct appeal is authorized. The law, as established by a long and uniform line of decisions, is, as stated by the Court of Appeals in its latest utterance upon the subject, “ the appellate jurisdiction of the courts of this State in criminal cases is purely statutory; and, of course, such jurisdiction, can never be assumed, unless…
2Cases cited10 opinions
- People v. . McLaughlinNew York Court of Appeals · 1896
- In re MontgomeryAppellate Division of the Supreme Court of the State of New York · 1908
- People Ex Rel. Hummel v. . Trial TermNew York Court of Appeals · 1906
- People v. . ZerilloNew York Court of Appeals · 1911
- Matter of BradyNew York Court of Appeals · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- People ex rel. New York Disposal Corp. v. FreschiAppellate Division of the Supreme Court of the State of New York · 1916
- People v. BrindellAppellate Division of the Supreme Court of the State of New York · 1921
- People v. GroutAppellate Division of the Supreme Court of the State of New York · 1916
- People v. BrownCriminal Court of the City of New York · 1963
- People v. MascolaAppellate Division of the Supreme Court of the State of New York · 1916
8 more not listed; retrieve them via the Exa API.