People v. Stanton
New York County Courts
Defendant moves to dismiss an indictment found against him by the grand jury of Oneida county in January, 1914, for the reason that a former grand jury of Oneida county, on May 16, 1913, also found an indictment against him for the same offense, and that he had.entered thereto a plea of “ not guilty.”
1Opinion of the CourtHazard, J.
It is the contention of the defendant that by reason of his plea of not guilty to a former indictment, he has been “ put in jeopardy ” thereunder; and that, therefore, this indictment must be, set aside. He *102cites two cases claimed to support that theory. The first is People v. Bissert, 71 App. Div. 118. The exact purport of that case is somewhat in doubt. The first headnote states that the decision is to the effect that in a case like this a grand jury has power pending the decision of a demurrer to an indictment found by it to find a second indictment against the same defendant, upon the…
2Cases cited7 opinions
- People v. GoodwinNew York Supreme Court · 1820
- People v. . SmithNew York Court of Appeals · 1902
- People v. . CignaraleNew York Court of Appeals · 1888
- People v. . RosenthalNew York Court of Appeals · 1910
- People v. BissertAppellate Division of the Supreme Court of the State of New York · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People v. MollicaNew York Court of General Session of the Peace · 1960