People v. Hulbut
New York Supreme Court
Indictment for selling strong and spirituous liquors, to be drank in the defendant’s house, without a license. The indictment contained five counts. The first four counts severally charged that the defendant sold to divers citizens of this state. The fifth count charged a sale to John Flanders.
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Indictment for selling strong and spirituous liquors, to be drank in the defendant’s house, without a license. The indictment contained five counts. The first four counts severally charged that the defendant sold to divers citizens of this state. The fifth count charged a sale to John Flanders. On the trial at the Genesee general sessions in February, 1846, John Flanders was sworn as a witness for the people, and gave evidence of a sale of liquor to him by the defendant’s son, at the public house kept by the defendant. Jacob Geyser testified that the defendant kept a public house at Leroy.…
1Opinion of the Court
By the Court, Bronson, Ch. J.
Grand jurors are sworn to secrecy ; and, as a general rule, what takes place before them is privileged from disclosure. The clerk of the grand jury cannot be compelled to reveal the proceedings before them ; (Vin. Ab., Evidence (B. a.)pl. 5,) nor can the county attorney. (McClellan v. Richardson, 13 Maine Rep. 82.) And in Massachusetts it has been held, that the attorney for the commonwealth cannot be called to disclose what passed in the grand jury room. (Commonwealth v. Tilden, 2 Stark. Ev. 324, note.) But, in an action for maliciously indicting the plaintiff,…
2Cases cited2 opinions
- Huidekoper v. CottonSupreme Court of Pennsylvania · 1834
- McLellan v. RichardsonSupreme Judicial Court of Maine · 1836
3Cited by30 opinions
- People v. . GlenNew York Court of Appeals · 1903
- People v. NitzbergNew York Court of Appeals · 1943
- People v. . SweeneyNew York Court of Appeals · 1914
- Sparrenberger v. StateSupreme Court of Alabama · 1875
- People v. LauderMichigan Supreme Court · 1890
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