People v. Cavanagh
Appellate Division of the Supreme Court of the State of New York
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
- Phelps v. . PeopleNew York Court of Appeals · 1878
- People v. HerlihyAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- People v. MarconiBuffalo City Court · 1961