Jones v. People
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioners, William H. Jones and others, composing the board of supervisors of the county of Nassau, from an order of the County Court of Nassau county, entered in the office of the. clerk of the county of Nassau on the; 13tli day of April, 1904, denying the petitioners’ motion to set aside and quash a presentment made by the grand jury of Nassau county.
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Appeal by the petitioners, William H. Jones and others, composing the board of supervisors of the county of Nassau, from an order of the County Court of Nassau county, entered in the office of the. clerk of the county of Nassau on the; 13tli day of April, 1904, denying the petitioners’ motion to set aside and quash a presentment made by the grand jury of Nassau county. There was decided at the saíne time with the above-entitled proceeding the Matter "of the Application of Edward J: Meehan, Clerk - of the Board of Supervisors of the County -of Nassaii, for the -same relief. • . .
1Opinion of the Court
Jenks, J.:
If we regard the term “ presentment ” in its stricter meaning as an. accusation of the'" grand jury sua aponte, or as Judge ..Story puts it, “an accusation made ex aero motu” as'distinguished from an indictment which was a written accusation preferred to the grand jury and presented upon oath at the instance of government, then I agree that it is not ,a final accusation •—■ the alternative, so to speak, of an indictment. For a presentment was regarded as the basis of an indictment. The distinetionyloes not now often practically appear, inasmuch as the grand jury is rarely the origin…
2Cited by44 opinions
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- John Brent Tarlton, Jr. v. William B. Saxbe, Attorney General of the United StatesCourt of Appeals for the D.C. Circuit · 1974
- In Re Report of Grand JuryCourt of Appeals of Maryland · 1927
- In Re Report & Recommendation of June 5, 1972 Grand Jury Concerning Transmission of Evidence to the House of RepresentativesDistrict Court, District of Columbia · 1974
- MATTER OF WOOD v. HughesNew York Court of Appeals · 1961
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