Legal Opinion

People v. Cavanagh

Appellate Division of the Supreme Court of the State of New York

Decided May 16, 1913PublishedCited by 1 opinion

Appeal by the plaintiff, The People of the State of New York, from an order of the County Court of Kings county, entered in the office of the clerk of said county on the 15 th day of February, 1912, sustaining a demurrer to the indictment charging the defendants with being common gamblers.

Read the full summary

Appeal by the plaintiff, The People of the State of New York, from an order of the County Court of Kings county, entered in the office of the clerk of said county on the 15 th day of February, 1912, sustaining a demurrer to the indictment charging the defendants with being common gamblers. The indictment is as follows: “The Grand Jury of the County of Kings, by this indictment, accuse John Cavanagh, Domato Pomarico, Joseph Abrams and Jacob Kupfer of the crime of being common gamblers, committed as follows: “ On the 12th day of August, 1911, at the Borough of Brooklyn, of the City of New York,…

1Opinion of the Court

Rich, J.:

The indictment charged the defendants with being common gamblers under the provision of section 970 of the Penal Law, which provides: “A person * * * who engages as dealer, game-keeper, or player in any gambling or banking game, where money or property is dependent upon the result; * * * is a common gambler. ”

Section 275 of the Code of Criminal Procedure provides that an indictment must contain: “1. The title of the action, specifying the name of the court to which the indictment is presented, and the names of the parties; 2. A plain and concise statement of the act constituting the…

2Cases cited2 opinions

  1. Phelps v. . PeopleNew York Court of Appeals · 1878
  2. People v. HerlihyAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by1 opinion

  1. People v. MarconiBuffalo City Court · 1961

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API