People v. . McCarthy
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, made March 27, 1901, which affirmed a judgment of the Queens County Court entered upon a verdict convicting the defendant of the crime of keeping a disorderly house. An indictment herein was found in the Supreme Court and transferred to the Queens County Court. The defendant was arraigned thereon and pleaded not guilty.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, made March 27, 1901, which affirmed a judgment of the Queens County Court entered upon a verdict convicting the defendant of the crime of keeping a disorderly house. An indictment herein was found in the Supreme Court and transferred to the Queens County Court. The defendant was arraigned thereon and pleaded not guilty. A trial was had in the County Court and a verdict of guilty was rendered. When the defendant was arraigned for sentence- he moved for a new-trial and in arrest of judgment…
1Opinion of the CourtMartin, J.
The single question presented upon this appeal is whether the grand jury had jurisdiction to prefer the indictment herein, or whether its jurisdiction was dependent upon a complaint having been previously made to a magistrate or to a Court of Special Sessions. The defendant contends that although the court in which the indictment was found was a court of general jurisdiction, it had no authority to inquire into the offense alleged and present an indictment therefor because there was no charge or complaint pending before the Court of Special Sessions.
This claim is based upon the provisions of…
2Cases cited1 opinion
- People v. . KnattNew York Court of Appeals · 1898
3Cited by15 opinions
- People v. . DillonNew York Court of Appeals · 1910
- People v. Wenk, New York County Courts1911
- People ex rel. Folk v. McNultyAppellate Division of the Supreme Court of the State of New York · 1939
- People ex rel. Moore v. Warden of the City PrisonAppellate Division of the Supreme Court of the State of New York · 1912
- People ex rel. Morrison v. PollackAppellate Division of the Supreme Court of the State of New York · 1942
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