People v. Eckford
New York Supreme Court
The indictment in this cause, which was for conspiracy, having been removed into this court by certiorari from the oyer and terminer of the city of New York, and being retained for trial on the civil side, (vide ante, 108, 369, S. C.) a motion was now made in behalf of Eckford and Barker, that it be quashed for insufficiency.
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The indictment in this cause, which was for conspiracy, having been removed into this court by certiorari from the oyer and terminer of the city of New York, and being retained for trial on the civil side, (vide ante, 108, 369, S. C.) a motion was now made in behalf of Eckford and Barker, that it be quashed for insufficiency. The form of the indictment was the samé as that set forth at large in Lambert v. The People, (ante, 166.) It was now alleged, that the judgment in that cause had been reversed by the court for the trial of impeachments and the correction of errors. cited Archb. Cr. Pl.…
1Opinion of the Court
Woodworth. J.,
inquired of the Hon. W. M. Oliver, a counsellor of this court, who was present at the bar, and who was also a member of the court of errors, on what ground that court held the indictment to be erroneous ?
Oliver. I understood it to be on the ground that the means agreed on by the conspirators were not set forth in the indictment; so as to show that such means were criminal.
Curia. That settles the question, then, that the indictment in this cause is defective. It is matter of discretion whether an indictment shall be quashed for its alleged insufficiency, or the party be put to…
2Cited by3 opinions
- State v. ComptonWest Virginia Supreme Court · 1878
- Lambert v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1799
- Wood v. PeopleNew York Supreme Court · 1874