People v. Clews
New York Court of Session, Chautauqua County
Demurrer to plea in abatement. The defendant, Henry Clews, was indicted at what purported to be a court of oyer and terminer for Chautauqua county, in January, 1878. The material facts sufficiently appear in the opinion. A. Hazeltine, Jr., district-attorney, for the people.
1Opinion of the CourtGrosvenor, J.
The defendant was indicted by a grand jury sitting at Mayville, in the county of Chautauqua, at what was supposed to be a regular term of the oyer and terminer, appointed to be held in and for said county on the first Monday (January 7, 1878), Justice George Barker being the justice designated by the convention of justices to preside at said term. It is quite unnecessary to recite the pleadings, which occupy over twenty-five pages. The substance of the plea is, that the oyer and terminer and the grand jury organized thereat, and which found the indictment in question, sat illegally. • The…
2Cases cited3 opinions
- Seymour v. DelancyNew York Supreme Court · 1824
- Northrup v. . the PeopleNew York Court of Appeals · 1867
- People v. MoneghanNew York Supreme Court · 1854
3Cited by2 opinions
- People v. . SullivanNew York Court of Appeals · 1889
- People v. SullivanNew York Supreme Court · 1888