People v. Gates
New York Supreme Court
False Pretences. The defendant was indicted at the Albany mayor’s court, for obtaining by false ■pretences the signature of the president of a religious corporation to a bond and promissory note. He was tried at the Albany general sessions and convicted, but sentence was suspended, and the indictment and a bill of exceptions taken on his part at the trial was brought into this court by certiorari pursuant to the statute.
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False Pretences. The defendant was indicted at the Albany mayor’s court, for obtaining by false ■pretences the signature of the president of a religious corporation to a bond and promissory note. He was tried at the Albany general sessions and convicted, but sentence was suspended, and the indictment and a bill of exceptions taken on his part at the trial was brought into this court by certiorari pursuant to the statute. The indictment contained two counts : in the first, the defendant was charged for that, on the 8th day of July, 1881, at, The cause was argued in this court by
1Opinion of the Court
By the Court,
Savage, Ch. J.
The questions arising out of the record are, 1. Whether the indictment is good in substance ; 2. Whether it should have been quashed for joining several counts, or the public prosecutor compelled to elect which count he would prosecute; and 3. Upon the bill of exceptions, whether improper evidence was admitted.
Is the indictment good 1 An indictment is a brief narrative of the offence charged; it must contain a certain description of the crime, and the facts necessary to constitute it. 1 Chitty’s Cr. Law, 168, 9. In general, the rules of pleading which govern in the…
2Cases cited1 opinion
- People v. StoneNew York Supreme Court · 1832
3Cited by44 opinions
- Pointer v. United StatesSupreme Court of the United States · 1894
- People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
- People Ex Rel. Phelps v. Court of Oyer & TerminerNew York Court of Appeals · 1881
- State v. FaulknerSupreme Court of Missouri · 1903
- People Ex Rel. Pincus v. AdamsNew York Court of Appeals · 1937
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