People v. . Adler
New York Court of Appeals
Appeal from judgment of the supreme court, general term, ’fifth department, affirming judgment of the Monroe court of sessions convicting defendant of the crime of forgery in the sec» end degree. : , The defendant Was accused by the grand jury of Monroe county of the crime of forgery in the second degree.
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Appeal from judgment of the supreme court, general term, ’fifth department, affirming judgment of the Monroe court of sessions convicting defendant of the crime of forgery in the sec» end degree. : , The defendant Was accused by the grand jury of Monroe county of the crime of forgery in the second degree. The indictment contained two counts, the first of which set forth the forging, on April 12, 1892, at the city of Ro Chester, of the following written instrument, viz.: “Rochester, N. Y., April 12, 1892. “The Central Bank pay to bearer two hundred dollars. “JOHN G. THEIN, Pres. JAS. L.…
1Opinion of the CourtGray, J.
But one question is presented by this appeal, •and that is whether this indictment was demurrable for charging more than one crime. Section 323 of the Code of ‘Criminal Procedure authorizes a demurrer to an indictment when more ■than one crime is charged “within the meaning of sections 278 and 279.” Section 278 provides that the indictment must charge but one crime and in one form, except as in the next •section provided.” The next section (279) provides that “the crime may be charged in separate counts to have been committed in a different manner, or by different means.” The Penal ■Code, by…
2Cases cited4 opinions
- Kane v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
- People v. RyndersNew York Supreme Court · 1834
- Hawker v. . the PeopleNew York Court of Appeals · 1878
- People v. . TowerNew York Court of Appeals · 1892
3Cited by19 opinions
- People Ex Rel. Hirschberg v. Orange County CourtNew York Court of Appeals · 1936
- People Ex Rel. Pincus v. AdamsNew York Court of Appeals · 1937
- Collins v. StateCourt of Criminal Appeals of Texas · 1915
- State v. CarraginSupreme Court of Missouri · 1908
- People v. . AltmanNew York Court of Appeals · 1895
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