People v. . Klipfel
New York Court of Appeals
Appeal from demurrer to the indictment was sustained by the trial court, but the appellate division reversed the case. The defendant demurred to an indictment found against him by the grand jury of the county of Erie, on the ground, among others, “that more than one crime is charged in the indictment, within the meaning of sections 278, 279, of the Code of Criminal Procedure.”
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Appeal from demurrer to the indictment was sustained by the trial court, but the appellate division reversed the case. The defendant demurred to an indictment found against him by the grand jury of the county of Erie, on the ground, among others, “that more than one crime is charged in the indictment, within the meaning of sections 278, 279, of the Code of Criminal Procedure.” The trial court sustained the demurrer, and the interlocutory judgment entered thereon was reversed by the appellate division. The indictment reads as follows: “ Supreme Court, Erie County. The People of the State of…
1Opinion of the Court
PARKER, C. J. (after stating the facts).
An indictment containing but one count, and charging therein two distinct crimes, is bad for duplicity. Code Cr. Proc. §§ 278, 279. The objection not only may, but must, be taken by demurrer. People v. Tower, 135 N. Y. 457; 32 N. E. 145. The object of the statute is to contribute towards that general policy of the law that aims to apprise a person charged with crime of the exact nature of the case that the people will attempt to prove against him, to the end that he may make full preparation to meet it. The test by which to determine whether a single…
2Cases cited3 opinions
- People v. . DumarNew York Court of Appeals · 1887
- People v. . StarkNew York Court of Appeals · 1893
- People v. . TowerNew York Court of Appeals · 1892
3Cited by22 opinions
- People v. KeindlNew York Court of Appeals · 1986
- People v. BuckleyNew York Court of Appeals · 1990
- People v. DavisNew York Court of Appeals · 1988
- People v. . MillerNew York Court of Appeals · 1902
- People v. . CorbalisNew York Court of Appeals · 1904
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