Legal Opinion

People v. Huffman

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1897PublishedCited by 4 opinions

Appeal by the defendant, William H. Huffman, from a judgment of conviction of the County Court of Allegany county, entered in the office of the clerk of the county of Allegany on the 18th day of December, 1896, convicting him of the crime of violating the Excise Law, and also from an order entered in said clerk’s office on the 18th day of December, 1896, denying the defendant’s motion for a new trial made upon the minutes.

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Appeal by the defendant, William H. Huffman, from a judgment of conviction of the County Court of Allegany county, entered in the office of the clerk of the county of Allegany on the 18th day of December, 1896, convicting him of the crime of violating the Excise Law, and also from an order entered in said clerk’s office on the 18th day of December, 1896, denying the defendant’s motion for a new trial made upon the minutes. A grand jury of Allegany county, on the 12th of June, 1896, presented an indictment against the defendant charging him with the “ crime of selling liquor in quantities less…

1Opinion of the Court

Hardin, P. J. :

It is provided in section 275 of the Code of Criminal Procedure that the indictment must contain “ a plain and concise statement of the act constituting the crime without unnecessary repetition.”

*235In section 278 of the Code of Criminal Procedure it is provided, viz.: “ The indictment must charge but one crime and in one form, except as in the next section provided.”

Section 279 of the Code of Criminal Procedure provides, viz.; “ The crime may be charged in separate counts to have been committed in a different manner or by different means; and where the acts complained of may…

2Cases cited4 opinions

  1. People v. . WilsonNew York Court of Appeals · 1897
  2. People v. AdamsNew York Supreme Court · 1837
  3. People v. . KrankNew York Court of Appeals · 1888
  4. People v. HarmonNew York Supreme Court · 1888

3Cited by4 opinions

  1. People v. Haren, New York County Courts1901
  2. State v. WilliamsSouth Dakota Supreme Court · 1906
  3. People v. AndrusAppellate Division of the Supreme Court of the State of New York · 1902
  4. People v. HarenNew York County Court, Rensselaer County · 1901

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