People v. Shimko

Hazard, J.:

The defendant was indicted for the crime of adultery "by a grand jury of this county sitting in connection with the Trial Term of the Supreme Court held in Utica in May, 1919. Two grounds are assigned for the motion. One is that inasmuch as the crime charged is a misdemeanor the grand jury had no jurisdiction to indict. The second is that inasmuch as several terms of this court (to which the indictment was sent) "have been held since the. finding of the indictment, it should he dismissed for lack of prosecution. We will consider the points in the order named, taking up firstly the…