Legal Opinion

People v. Griffin

New York Supreme Court

Decided January 17, 1848PublishedCited by 21 opinions

The defendant was indicted and convicted in the court of sessions of Livingston county, upon an indictment charging him with having written letters to Stephen Heath, threatening to burn and destroy his property unless he would send the defendant, within a certain time, the sum of $16, claimed by the defendant to be due from Heath. On the trial, the public prosecutor gave evidence tending to prove that the letters in question were written by the defendant.

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The defendant was indicted and convicted in the court of sessions of Livingston county, upon an indictment charging him with having written letters to Stephen Heath, threatening to burn and destroy his property unless he would send the defendant, within a certain time, the sum of $16, claimed by the defendant to be due from Heath. On the trial, the public prosecutor gave evidence tending to prove that the letters in question were written by the defendant. Evidence was also introduced on which the defendant relied, to show that Heath was indebted to him in the amount claimed in the letters. It…

1Opinion of the Court

By the Court, Welles, J.

I think the court below decided correctly in refusing to discharge the defendant on the first ground taken by his counsel. Although the letters were written and mailed in Steuben county, yet as they were directed to, and received in, Livingston county by the person to whom they were addressed, the indictment was properly found in the latter county.

The court also properly refused to allow the defendant to prove the informality complained of in the organization of the grand jury. An issue upon the plea of not guilty had been regularly joined, dud that was the issue which…

2Cited by21 opinions

  1. In re CoffeyCalifornia Supreme Court · 1899
  2. In re EldredWisconsin Supreme Court · 1879
  3. People v. BarondessNew York Supreme Court · 1891
  4. Post v. City of LincolnDistrict Court, S.D. New York · 1885
  5. United States v. PignatelliCourt of Appeals for the Second Circuit · 1942

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