Moschell v. State

The opinion of the court was delivered by

Magie, J.

This writ of error brings up the record of the conviction of the plaintiffs in error upon an indictment in the Hudson Sessions.. In behalf of plaintiffs in error it. is first contended, that ■the indictment does not charge them with any crime known to our law, and thus is insufficient to sustain the conviction.

This objection, being directed to what is apparent on the face of the indictment, must have been taken by demurrer or by motion to quash before a jury was sworn, to. be available under the provisions of section 53 of the Criminal…