People v. Willis
Appellate Division of the Supreme Court of the State of New York
• Appeal by the plaintiff, The People of the State of. Sew York, from a judgment of the Supreme Court in favor of-the defendants, entered in the office of the clerk of the county of Kings on thó 24th day of September, 1898, upon the decision of the court rendered after a trial at the Kings County Special Term sustaining the defendants’ demurrer to the indictment.
1Opinion of the Court
Willard Bartlett, J.:
This is an appeal in behalf of the People from a judgment in the court below sustaining.a demurrer to the indictment. The indictment charges the defendants with conspiracy, and sets out live overt acts as having been done to effect the object of the alleged-conspiracy. The demurrer has. been allowed on the - ground that the indictment does not contain a plain and concise statement of the act constituting the crime, and that the facts stated in said indictment do not constitute a crime.'
In order to pass intelligently upon the questions presented for review on this appeal,…
2Cases cited5 opinions
- United States v. CruikshankSupreme Court of the United States · 1876
- Ledbetter v. United StatesSupreme Court of the United States · 1898
- People v. OlmstedNew York Supreme Court · 1893
- People v. EmersonNew York Supreme Court · 1889
- People v. PolhamusAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by5 opinions
- People v. TavorminaNew York Court of Appeals · 1931
- People v. MilesAppellate Division of the Supreme Court of the State of New York · 1908
- People v. ArnsteinAppellate Division of the Supreme Court of the State of New York · 1913
- Green v. DaviesAppellate Division of the Supreme Court of the State of New York · 1905
- People v. TrammellNew York Supreme Court · 1966