People v. Lytle
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frank Lytle, from a judgment of the Court' of Sessions of Monroe county, entered in the • office of the clerk of Monroe county on the 13th day of April, 1895, upon the verdict of a jury convicting him of the crime of burglary in the third degree ; also from an order entered in said clerk’s office on the 1st day of April, 1895,, denying the defendant’s motion to quash, dismiss and set aside the indictment herein on the ground that an unauthorized…
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Appeal by the defendant, Frank Lytle, from a judgment of the Court' of Sessions of Monroe county, entered in the • office of the clerk of Monroe county on the 13th day of April, 1895, upon the verdict of a jury convicting him of the crime of burglary in the third degree ; also from an order entered in said clerk’s office on the 1st day of April, 1895,, denying the defendant’s motion to quash, dismiss and set aside the indictment herein on the ground that an unauthorized person was present before the grand jury, and also from an order- entered in said clerk’s office on the 13th day of April,…
1Opinion of the Court
Green, J.:
March 18,1895, when the charge against the defendant was being investigated by the grand jury and when the indictment was found in Monroe county, the duly qualified district attorney of that county Was absent from the State. He had two assistant district attorneys and a managing clerk, duly and legally appointed, qualified and acting as such, all of whom Were in attendance at the term of Oyer and Terminer, where the indictment was found) discharging their respective duties as such assistants and clerk. An application was duly.made to the court at. that term for the appointment of a…
2Cases cited11 opinions
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- Porter & Co. v. StateSupreme Court of Alabama · 1877
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