People v. McCarthy

The defendant has been indicted by the Grand Jury of Oneida County charged with a violation of section 1825 of the Penal Law. This section is as follows: “ § 1825. Resisting officer. A person who knowingly resists, by the use of force or violence, any executive officer, in the performance of his duty, is guilty of a misdemeanor.”

There is a presumption in the law that an indictment is based upon legal and sufficient evidence. (People v. Glen, 173 N. Y. 395.) An examination of the minutes of a grand jury should not be permitted merely to inform a defendant of the evidence upon which an…