People v. Wilcox

By the court,

Parker, Justice.

The indictment in this case purports to have been found at a court of sessions holden at the court house in the town of Cortlandville, in and. for the county of Cortland, on the second Monday of October, in the year 1861.

The plea alleges that the indictment was not found by any grand jury duly empannelled, charged and sworn, &c., because no term of the county court of said county, for the trial of issues of fact by a jury, was held on the second Monday of October, 1861; and no court of sessions was *298appointed by any order of the county judge of said county, to be…