People v. Kings County Iron Foundry
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 11, 1913, which affirmed a judgment of the Kings County Court sustaining a demurrer to an indictment charging the defendant with maintaining a public nuisance. The demurrer interposed by the defendant specifies three grounds: “ First.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 11, 1913, which affirmed a judgment of the Kings County Court sustaining a demurrer to an indictment charging the defendant with maintaining a public nuisance. The demurrer interposed by the defendant specifies three grounds: “ First. On the ground that it appears on the face thereof that the grand jury by which it was found had no legal authority to inquire into the crime charged, by reason of its not being within the local jurisdiction of the county. Second. On the ground…
1Opinion of the Court
Cullen, Ch. J.
We think the indictment in this case was sufficient. We cannot see the force of the claim that the indictment fails to show that the grand jury had jurisdiction to inquire into the offense. It is charged in the indictment that the offense was committed in the borough, city and county aforesaid. It is true no borough or city is stated in the indictment,, but the county aforesaid is stated to be the county of Kings,, and by law the county of Kings constitutes the borough of Brooklyn in the city of New York. The second objection to the indictment, for which it has been held…
2Cases cited4 opinions
- The People v. . ConroyNew York Court of Appeals · 1884
- People v. . GiblinNew York Court of Appeals · 1889
- The People v. . WillettNew York Court of Appeals · 1886
- People v. Transit Development Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by11 opinions
- People v. RubenfeldNew York Court of Appeals · 1930
- People v. Brooklyn & Queens Transit Corp.New York Court of Appeals · 1940
- State Ex Rel. Burgum v. HookerNorth Dakota Supreme Court · 1957
- County of Sullivan v. FilippoNew York Supreme Court · 1970
- People v. CooperAppellate Division of the Supreme Court of the State of New York · 1922
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