People v. . Corbalis
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 24, 1903, which reversed an order of the Westchester County Court sustaining demurrers to an indictment. The county judge sustained the demurrers of defendants to the indictment, and being of the opinion that the objection upon which the demurrers were allowed might be avoided in a new indictment, ordered that the case be resubmitted to another grand jury.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 24, 1903, which reversed an order of the Westchester County Court sustaining demurrers to an indictment. The county judge sustained the demurrers of defendants to the indictment, and being of the opinion that the objection upon which the demurrers were allowed might be avoided in a new indictment, ordered that the case be resubmitted to another grand jury. The Appellate Division reversed the order of the county judge and overruled the demurrers. From the judgment of the…
1Opinion of the Court
Parker, Ch. J.
The demurrer to the indictment contains the following, among other grounds: “The indictment does not coniorm to the requirements of sections 275 and 276 of the Code of Criminal Procedure in that it does not contain a plain and concise statement of the acts constituting the crime.” This court considers those sections of the Code in People v. Dumar (106 N. Y. 502), and reaches the conclusion that an indictment must charge both the crime and the act constituting it, and that the omission of either is fatal. In the course of the opinion, written by Judge Dan-forth, it is said: “If…
2Cases cited8 opinions
- People v. . DumarNew York Court of Appeals · 1887
- People v. . PeckensNew York Court of Appeals · 1897
- People v. . StedekerNew York Court of Appeals · 1903
- People v. . WillisNew York Court of Appeals · 1899
- People v. . HelmerNew York Court of Appeals · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- People v. DuncanNew York Court of Appeals · 1978
- People v. GilletteAppellate Division of the Supreme Court of the State of New York · 1908
- People v. FarsonNew York Court of Appeals · 1927
- People v. DevinnyNew York Court of Appeals · 1919
- People v. LiccioneAppellate Division of the Supreme Court of the State of New York · 1978
37 more not listed; retrieve them via the Exa API.