People v. Dempsey
New York Supreme Court
Learned, P. J, Bo aroman The defendants were recognized to await the action of the grand jury to convene at the May term of the Albany oyer and terminer, 1882. At the first opportunity the defendants had, and before the grand jurors were sworn, they filed a paper signed by them protesting against the swearing in or recognition by the court as grand jurors, of the persons who had answered to their names, and who were assumed to be summoned to appear and act as grand jurors at…
Read the full summary
Learned, P. J, Bo aroman The defendants were recognized to await the action of the grand jury to convene at the May term of the Albany oyer and terminer, 1882. At the first opportunity the defendants had, and before the grand jurors were sworn, they filed a paper signed by them protesting against the swearing in or recognition by the court as grand jurors, of the persons who had answered to their names, and who were assumed to be summoned to appear and act as grand jurors at that term, on the ground that they had not been drawn from a list of 300 persons prepared .by the supervisors ¡of the…
1Opinion of the CourtBoardman, J.
The facts and orders in this case are the same as in the People agt. Fitzpatrick, decided at' the last September general term. In the latter case we considered the merits and decided that the order setting aside and discharging the grand jury as to tliat defendant, and as to him quashing the indictment found, was erroneous, such order was therefore reversed.
Upon that occasion counsel on either side desired the court to pass upon the merits and no question was raised as to the validity of the appeal taken by the people from such order. That question was not, therefore,, passed upon. This…
2Cases cited18 opinions
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- The People v. . PetreaNew York Court of Appeals · 1883
- Griffith v. FrazierSupreme Court of the United States · 1814
- People v. StoneNew York Supreme Court · 1832
- Randolph County v. RallsIllinois Supreme Court · 1856
13 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. CraigSupreme Court of Missouri · 1909
- State v. MinnickOregon Supreme Court · 1898