People v. Herlihy
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The People of the State of New York .from an order of the Court of General Sessions of the Peace in and for the city and county of New York, entered in the office of the •clerk of said court on the 30th day of August, 1901, allowing a •demurrer to an indictment and directing that the charge be resubmitted to the grand jury of the county of New York.
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Appeal by the plaintiff, The People of the State of New York .from an order of the Court of General Sessions of the Peace in and for the city and county of New York, entered in the office of the •clerk of said court on the 30th day of August, 1901, allowing a •demurrer to an indictment and directing that the charge be resubmitted to the grand jury of the county of New York. The indictment to which the demurrer was allowed was as follows: <£'The grand jury of the county of New York, by this indictment, accuse John D. Herlihy of the crime of wilfull/y omitting to perform a duty enjoined by law…
1Opinion of the Court
McLaughlin, J. :
This appeal is from a judgment allowing a demurrer to an indictment. The defendant, during the time stated in the indictment, was a police captain in the city, of New York in command of the Twelfth precinct in that city. The indictment charged him with the crime of willfully omitting to perform a duty enjoined upon him by law as a public officer, in that, as such public officer, he knowingly permitted a large number 'of houses of prostitution to be maintained within that precinct from the 22d day of September, 1899, continually, until the 18th day of September, 1900, and…
2Cases cited9 opinions
- People v. . WeldonNew York Court of Appeals · 1888
- The People v. . BuddensieckNew York Court of Appeals · 1886
- People v. . MeakimNew York Court of Appeals · 1892
- Woodford v. . People of the State of N.Y.New York Court of Appeals · 1875
- Bork v. . the People of the State of New YorkNew York Court of Appeals · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. CarterCourt of Appeals of Maryland · 2001
- State v. BoydSupreme Court of Missouri · 1906
- People v. DiamondAppellate Division of the Supreme Court of the State of New York · 1902
- United States v. AczelDistrict Court, D. Indiana · 1915
- State v. BoydMissouri Court of Appeals · 1904
14 more not listed; retrieve them via the Exa API.