People v. Rose
New York Supreme Court
Appeal from court of sessions, Ulster county. Defendant, Frank Rose, was convicted of robbery in the first degree, and appeals from the judgment, and also from three orders,—one refusing to set aside the indictment, another overruling a demurrer to the indictment, and the third denying a motion for a new trial.
1Opinion of the CourtLandon, J.
The objection that the indictment contained two counts—one for robbery in the first degree, and the other for larceny in the first degree— *788is not valid. • The district attorney could not be quite sure that the evidence would establish the higher crime, and he therefore had a count for the lower one. “Where the acts complained of may constitute different crimes, such crimes may be charged in separate counts. ” Code Grim. Proc. § 279. It was reasonably clear upon the face of the indictment that the second count embraced the same acts as the first. The defendant was plainly advised by the…
2Cases cited8 opinions
- Day v. . RothNew York Court of Appeals · 1858
- People v. Noelke & MarksNew York Court of Appeals · 1883
- The People v. . IrvingNew York Court of Appeals · 1884
- Hosley v. . BlackNew York Court of Appeals · 1863
- The Dutchess Company v. . HardingNew York Court of Appeals · 1872
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3Cited by8 opinions
- State v. BickfordNorth Dakota Supreme Court · 1913
- People v. . MinkowitzNew York Court of Appeals · 1917
- People v. . WatsonNew York Court of Appeals · 1916
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1982
- People v. ValentineAppellate Division of the Supreme Court of the State of New York · 1911
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