People v. Wise
New York Court of Sessions
Demurbeb to indictment. The defendant, James J. Wise, was indicted by the grand jury of Albany county, under §§ 94 and 649 of the Penal Code, and a demurrer was interposed by the defendant on the grounds set forth in the opinion.
1Opinion of the Court
Nott, County Judge.
The indictment contains two counts predicated'on sections 94 and 649 of the Penal Code respectively. To the indictment and severally to each count the defendant demurs, and specifies grounds authorized by section 323 (subd. 4 and 5) of the Code of Criminal Procedure. The points made to sustain the demurrer are briefly these:
First. That the indictment should set forth, and also purport to do so, the election returns alleged to be forged and destroyed, and that the words of the indictment, “ and was in the words and figures and in substance following to wit,” are insufficient.
2Cases cited7 opinions
- Boyce v. BrownNew York Supreme Court · 1849
- West v. CuttingSupreme Court of Vermont · 1847
- Howard v. TiffanyThe Superior Court of New York City · 1851
- Knowles v. GeeNew York Supreme Court · 1850
- Downing v. StateSupreme Court of Missouri · 1837
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