People v. Price
New York Court of Sessions
On motion to quash or set aside indictment. The defendant, John Price, alias C. H. Simmons, was indicted for grand larceny in stealing thirty-five $1,000 debenture bonds, and the indictment averred a prior conviction of one C. H. Simmons, in the state of Georgia, of an-offense which, if committed in this state, would be a felony, and said C. H. Simmons was alleged to be the defendant-.
1Opinion of the CourtNott, J.
The defendant was indicted at this term of the court for grand larceny, after having been convicted in the state of Georgia under the name of C. H. Simmons of a crime which, under the laws of this state, if committed here, would be a felony. On arraignment, the defendant’s counsel moved to quash or set aside the indictment on the ground that no testimony had been given before the grand jury of the identity of the defendant with the alleged Georgia convict. To support the motion, two affidavits were read. One affidavit was made by defendant, and he swears, on information and belief, that no…
2Cases cited10 opinions
- The People v. . PetreaNew York Court of Appeals · 1883
- Commonwealth v. HarringtonMassachusetts Supreme Judicial Court · 1880
- Wood v. . People of the State of N.Y.New York Court of Appeals · 1873
- People v. HulbutNew York Supreme Court · 1847
- Hines v. StateSupreme Court of Georgia · 1859
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3Cited by12 opinions
- Greenberg v. Superior CourtCalifornia Supreme Court · 1942
- Ayers v. RatsheskyMassachusetts Supreme Judicial Court · 1913
- State v. SmithSupreme Court of Iowa · 1906
- State v. MottramSupreme Judicial Court of Maine · 1959
- State v. McClaySupreme Judicial Court of Maine · 1951
7 more not listed; retrieve them via the Exa API.