People v. Hooter
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKimball, J.
-The appellant was convicted of burglary in the second degree and assault in the third degree. We conclude, upon the record presented, that the verdict cannot be sustained and that there should be a new trial. However, we will not at this time point out the reasons for this conclusion because of the fact that appellant has raised a fundamental question as to-the power and authority of the court to amend the indictment found by the Grand Jury and place the defendant on trial under such amended indictment. The indictment as handed up by the Grand Jury was a common-law indictment in two counts.…
2Cases cited17 opinions
- Ex Parte BainSupreme Court of the United States · 1887
- People Ex Rel. Battista v. ChristianNew York Court of Appeals · 1928
- People v. . PalmerNew York Court of Appeals · 1888
- Matter of McDonald v. SobelNew York Court of Appeals · 1947
- Dedieu v. . the PeopleNew York Court of Appeals · 1860
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3Cited by8 opinions
- People v. MendezAppellate Division of the Supreme Court of the State of New York · 1978
- People v. BrumfieldAppellate Division of the Supreme Court of the State of New York · 1968
- People v. TrepelNew York Court of General Session of the Peace · 1954
- People v. ErcoleAppellate Division of the Supreme Court of the State of New York · 1954
- People v. KuehnAppellate Division of the Supreme Court of the State of New York · 1958
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