People v. Lindenborn
New York Supreme Court
Motion to dismiss indictment on the ground that the evidence presented to the grand jury was insufficient.
1Opinion of the CourtFursman, J.
The defendant is charged by indictment with having violated section 443 of the Penal Code, relating*, to' mock auctions. A motion is now made on his behalf to dismiss the indictment on the ground that the evidence presented to the grand jury was insufficient to authorize it.
The motion must be granted.
There was illegal evidence received by the grand jury of such a character that it may well have influenced that body toward finding an indictment upon the specific charge made. The charge being that the ■ defendant unlawfully sold at public auction a china plate in violation of section 443 of the…
2Cases cited1 opinion
- United States v. CookSupreme Court of the United States · 1872
3Cited by8 opinions
- Davenport v. StateCourt of Criminal Appeals of Oklahoma · 1921
- People v. BaileyNew York Supreme Court · 1918
- People v. McAllisterCriminal Court of the City of New York · 1974
- People v. Nicosia, New York County Courts1937
- People v. PhillipsNew York Supreme Court · 1958
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