People v. Brickner
Court Of Oyer And Terminer New York
Max Brickner and others were indicted for conspiracy. Defendants move to set aside the indictment.
1Opinion of the CourtRumsey, J.
The motion to set aside the indictment is made upon the grounds—First, that there was no legal evidence before the grand jury to support it; and, second, that material illegal evidence was received by the grand jury. It is objected by the people that a motion to set aside the indictment can be made only on the grounds specified in section 313 of the Code of Criminal Procedure, and that the court has ne power to set aside an indictment for any other reasons. If that be so, of course this motion must be denied. It is necessary, therefore, to inquire into the power which the court has over the…
2Cases cited15 opinions
- United States v. BrittonSupreme Court of the United States · 1883
- The People v. . PetreaNew York Court of Appeals · 1883
- United States v. CoolidgeU.S. Circuit Court for the District of Massachusetts · 1815
- People v. . DimickNew York Court of Appeals · 1887
- People v. Briggs, Oyer and Terminer, Albany County1880
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3Cited by14 opinions
- Greenberg v. Superior CourtCalifornia Supreme Court · 1942
- Chadwick v. United StatesCourt of Appeals for the Sixth Circuit · 1905
- Houston v. United StatesCourt of Appeals for the Ninth Circuit · 1914
- People v. MolineuxNew York Court of General Session of the Peace · 1899
- People v. . FerraraNew York Court of Appeals · 1910
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