People v. Dewey

The deféndant was indicted in the Erie oyer and terminer, as a common gambler, for selling lottery policies, under section 344 of the Penal Code, and the indictment was sent to the court of sessions of Erie county. In that court the defendant demurred to the indictment on the ground that neither the oyer and terminer nor the court of sessions had jurisdiction of the offense charged, that offense being, as he alleged, the same mentioned in subdivision 10, § 56, Code Crim. Proc., and of which exclusive jurisdiction is thereby given to courts of special sessions, subject only to the power of…