People v. Martin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Robert L. Martin and another, from an order of the Court of General Sessions of the Peace in and for the county of New York, entered in the office of the clerk of said court on the 25th day of July, 1904, denying the defendants’ motion to dismiss an indictment against them for lack of prosecution.
1Opinion of the Court
Patterson, J.:
An indictment against these defendants was pending in the Court of General Sessions of the Peace in and for the county of New York, and they moved to dismiss it. It was found on the 9tli of December, 1901, and the defendants demurred to it. The demurrer was overruled, and the indictment was sustained by this court* and ultimately by the Court of Appeals.† The defendants did not plead until November 25,1903. In July, 1904, the application to dismiss was made on notice, the ground being the want of prosecution. Section 668 of the Code of Criminal Procedure provides that “ If a…
2Cases cited4 opinions
- People v. . DunnNew York Court of Appeals · 1899
- People v. . TrezzaNew York Court of Appeals · 1891
- People v. . MartinNew York Court of Appeals · 1903
- People v. MartinAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by6 opinions
- In re MontgomeryAppellate Division of the Supreme Court of the State of New York · 1908
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1906
- People v. SangerAppellate Division of the Supreme Court of the State of New York · 1915
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1906
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1906
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