People v. Klock
New York Supreme Court
Appeal from an order and judgment of the Court of Sessions of the county of Cortland, sustaining the demurrer of the defendant to an indictment found against him in the Court of Oyer and Terminer, and sent to said Court of Sessions for trial. Among the grounds assigned in the demurrer are the following: 1st. “ That the indictment does not conform substantially to the requirements of sections 275 and 276 of the Code of Criminal Pro-2d.
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Appeal from an order and judgment of the Court of Sessions of the county of Cortland, sustaining the demurrer of the defendant to an indictment found against him in the Court of Oyer and Terminer, and sent to said Court of Sessions for trial. Among the grounds assigned in the demurrer are the following: 1st. “ That the indictment does not conform substantially to the requirements of sections 275 and 276 of the Code of Criminal Pro-2d. “ That more than one crime is charged in the indictment, within the meaning of sections 278 and 279 of the Oode of Criminal Procedure.” 3d. “ That the facts…
1Opinion of the Court
ITardin, P. J.:
Section 275 of the Code of Criminal Procedure provides that an indictment must contain “ a plain and concise statement of the act constituting the crime without unnecessary repetition.” It need not follow the very words of the statute; it is sufficient that the facts constituting the crime are well stated. (Frazer v. The People, 54 Barb., 306; Tully v. The People, 67 N. Y., 15; Code of Crim. Pro., § 283.)
Section 278 of the Code of Criminal Procedure provides : “ The indictment must charge but one crime and in one form, except as' in the next section provided.” Section 279 of…
2Cases cited3 opinions
- Phelps v. . PeopleNew York Court of Appeals · 1878
- Tully v. . PeopleNew York Court of Appeals · 1876
- Frazer v. PeopleNew York Supreme Court · 1863