People Ex Rel. Battista v. Christian

The Constitution of this State, by article 1, section 6, provides: “No person shall bo held to answer for a capital or otherwise infamous crime * * * unless on presentment or indictment of a grand jury.” Relator was charged with burglary which is an infamous crime. He was held to answer for it, but not on any presentment or indictment of a grand jury. While awaiting action by that body, he petitioned the court for a direction that an information be filed against him and his petition was granted. Then he pleaded guilty and was sentenced to confinement in the reformatory at Elmira. This…