People v. Lovejoy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, E. Upton Lovejoy, from a judgment of the County Court of Chemung county, rendered on the 7th day of July, 1898, upon the verdict of a jury convicting him of the crime of grand larceny in the second degree, with notice of an intention to bring up for review upon such appeal an order entered in the office of the clerk of the county of Chemung on the 4th day of April, 1898, overruling his demurrer to the indictment, and also an order entered in said…
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Appeal by the defendant, E. Upton Lovejoy, from a judgment of the County Court of Chemung county, rendered on the 7th day of July, 1898, upon the verdict of a jury convicting him of the crime of grand larceny in the second degree, with notice of an intention to bring up for review upon such appeal an order entered in the office of the clerk of the county of Chemung on the 4th day of April, 1898, overruling his demurrer to the indictment, and also an order entered in said clerk’s office on the 12th day of April, 1898, denying his motion to quash the indictment upon- the ground that the…
1Opinion of the Court
Merwin, J.:
It is claimed on the part of the defendant that the indictment is. defective; that it does not contain a plain and concise statement of the acts constituting the crime, and that the facts set forth in the indictment do not state a crime.
The indictment must contain “ a plain and concise statement of the act constituting the crime, without unnecessary repetition.” (Code Crim. Proc. § 275.) An indictment is not insufficient by reason of an imperfection in matter of form which does not tend to the prejudice of the substantial rights of the defendant, upon the merits. (Code Crim. Proc.…
2Cases cited3 opinions
- Mayer v. . the PeopleNew York Court of Appeals · 1880
- Phelps v. . PeopleNew York Court of Appeals · 1878
- State v. PiersonSupreme Court of Iowa · 1882
3Cited by3 opinions
- People v. JenkinsAppellate Division of the Supreme Court of the State of New York · 1978
- People v. LanahanAppellate Division of the Supreme Court of the State of New York · 1982
- Kohler v. National Surety Corp.Appellate Terms of the Supreme Court of New York · 1934