People v. Prior

The People have appealed from five orders of the Albany Special Term of the Supreme Court (Murray, J.) quashing and dismissing the five indictments herein which were returned against respondents by a Grand Jury empaneled for an Extraordinary Special and Trial Term of the Supreme Court convened in Albany County by executive proclamation.

The only question that need be considered on this appeal is whether or not the Grand Jury which indicted respondents was a legally constituted body. The Special Term held that it was not.

Before discussing the merits of the issue involved, an issue of tremendous…