People v. Cleary
New York Court of Sessions
James F. Cleary was convicted of recording and registering Lets and wagers and of selling pools on horse races on April 25,1895. Defendant demurs to the indictment.
1Opinion of the CourtGriffith, J.
The language used in the indictment to define the crime charged is taken from chapter 479 of the Laws of 1887, as amended by chapter 469 of the Laws of 1893, which is commonly called the “Ives Pool Law.” It therefore follows that the pleader had in his mind an offense against this particular statute while preparing the indictment. The rule does not require that the words used in the statute need be strictly pursued in an indictment (Code Cr. Broc., § 283), but the indictment is good if it follows the language of the statute defining the crime. People v. Farrell, 28 St. Rep. 43. The statute of…
2Cases cited20 opinions
- Bartlet v. KingMassachusetts Supreme Judicial Court · 1815
- Norris v. CrockerSupreme Court of the United States · 1852
- Hartung v. . the PeopleNew York Court of Appeals · 1860
- King v. CornellSupreme Court of the United States · 1882
- Heckmann v. . PinkneyNew York Court of Appeals · 1880
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