McGarry v. People
New York Supreme Court
The defendant obtained a writ of error to tbe County Sessions of Sene' a. county after bis trial and conviction therein upon an indictment for arson in tbe third degree, which was as follows, viz.: “ At a Court of Oyer and Terminer, held for the county of Seneca, in the State of ISTew York, on the 29th day of September, one thousand eight hundred and sixty-eight, at the court-house in the village of Ovid, in said county, before the Hon Jaines G. Smith, one of the justices of…
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The defendant obtained a writ of error to tbe County Sessions of Sene' a. county after bis trial and conviction therein upon an indictment for arson in tbe third degree, which was as follows, viz.: “ At a Court of Oyer and Terminer, held for the county of Seneca, in the State of ISTew York, on the 29th day of September, one thousand eight hundred and sixty-eight, at the court-house in the village of Ovid, in said county, before the Hon Jaines G. Smith, one of the justices of the Supreme Court of said State, presiding; and the Hon. George Franklin, county judge of said county, and Thaddeus…
1Opinion of the Court
By the Court
Johnson, P. J.
The caption is no part of the .indictment, and it is unnecessary either in the caption or in the body of an indictment to state the names or the number of the grand jury. It is sufficient if the indictment shows upon its face that the grand jury were of the number and qualification required by law, as it does here. (People v. Bennett, 37 N. Y., 117). The question in that case, arose upon motion to quash the indictment, for the same alleged defect. It appears upon the face of the indictment that the grand jury were duly sworn and presented the defendant on their…
2Cases cited1 opinion
- The People v. . BennettNew York Court of Appeals · 1867
3Cited by4 opinions
- State v. GriswoldSupreme Court of Connecticut · 1896
- Hargrove v. StateCourt of Criminal Appeals of Texas · 1894
- Jackson v. StateCourt of Criminal Appeals of Texas · 1894
- Hutchins v. StateCourt of Criminal Appeals of Texas · 1894