Matter of Haydorn v. . Carroll
New York Court of Appeals
Appeal from a unanimous order of the First Appellate Division affirming an order of the Special Term denying a motion for a peremptory writ of mandamus requiring the clerk of the Court of General Sessions to permit the petitioner’s counsel to examine an indictment for burglary.
1Opinion of the Court
Hiscock, Ch, J.:
The facts which are relied upon to support petitioner’s application are as follows: He was indicted jointly with others and was arrested and arraigned. Section 309 of the Code of' Criminal Procedure provides: “If the defendant demand it,. the indictment must be read, or a copy thereof furnished to him before requiring him to plead.” Petitioner did not at the time of arraignment make any demand under this section, but pleaded not guilty with the reservation of a right subsequently to change his plea and demur to the indictment. Thereafter and within the time prescribed for a…
2Cases cited3 opinions
- Bossert v. . DhuyNew York Court of Appeals · 1917
- People Ex Rel. Flynn v. . WoodsNew York Court of Appeals · 1916
- People Ex Rel. Ellis-Joslyn Publishing Co. v. Common CouncilNew York Court of Appeals · 1918
3Cited by15 opinions
- Winters v. LavineCourt of Appeals for the Second Circuit · 1978
- Winters v. LavineCourt of Appeals for the Second Circuit · 1978
- Valz v. Sheepshead Bay Bungalow Corp.New York Court of Appeals · 1928
- People Ex Rel. Lewis v. GravesNew York Court of Appeals · 1927
- Board of Education of Monroe-Woodbury Central School District v. WiederNew York Court of Appeals · 1988
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