People v. . Van Every
New York Court of Appeals
Appeal from the judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 13, 1915, which affirmed a judgment of conviction1 rendered by the Chautauqua- County Court upon defendant’s refusal to plead to an indictment charging him with adultery after disallowance of his demurrer thereto, and also affirmed the order disallowing said demurrer and an order permitting an amendment to the indictment.
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Appeal from the judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 13, 1915, which affirmed a judgment of conviction1 rendered by the Chautauqua- County Court upon defendant’s refusal to plead to an indictment charging him with adultery after disallowance of his demurrer thereto, and also affirmed the order disallowing said demurrer and an order permitting an amendment to the indictment. The facts so far as material are stated in the opinion. The indictment was fatally defective. The defect was one of substance and could not be cured1…
1Opinion of the Court
Hogan, J.:
The grand jury of Chautauqua county on the 8th day of February, 1915, presented to the Supreme Court an indictment against the defendant, wherein he was charged with a misdemeanor, viz., a violation of section 100 of the Penal Law. The indictment alleged that the crime was- committed on the 17th day of October, 1915, upwards of eight months subsequent to the finding of the indictment. Defendant was arraigned on the indictment, pleaded not guilty and the indictment was sent to the County Court. The stenographer’s minutes of proceedings had before the county judge disclose that on…
2Cases cited11 opinions
- Ex Parte BainSupreme Court of the United States · 1887
- People v. . GeyerNew York Court of Appeals · 1909
- People v. . BromwichNew York Court of Appeals · 1911
- State v. NolandIndiana Supreme Court · 1867
- Murphy v. StateIndiana Supreme Court · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- People v. SpannNew York Court of Appeals · 1982
- Commonwealth v. SnowMassachusetts Supreme Judicial Court · 1930
- People v. PerezNew York Court of Appeals · 1994
- State v. BlendtSuperior Court of Delaware · 1956
- People v. EastonNew York Court of Appeals · 1954
21 more not listed; retrieve them via the Exa API.