Legal Opinion
People v. Quartararo
New York Supreme Court
Decided March 15, 1912PublishedCited by 1 opinion
Habeas', corpus to inquire into the cause of relator’s detention after sentence upon a plea of guilty.
1Opinion of the CourtCrane, J.
The indictment must set forth the crime charged and also a plain and concise statement of the acts constituting the crime without unnecessary repetition. Code of Criminal Procedure, sections 275 and 276.
An indictment which alleged a crime but did not state the acts constituting that crime would be had. Likewise, an indictment which stated the acts without alleging the crime charged against the defendant would also be bad. Further, if the indictment charged one crime and the facts alleged showed that not that crime but some other had been committed, here also the indictment would be defective,…
2Cases cited3 opinions
- People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
- People v. . DumarNew York Court of Appeals · 1887
- People ex rel. Schneider v. HayesAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- People ex rel. Candella v. Director of Marcy Psychiatric CenterNew York Supreme Court · 1976