Hope v. . People of the State of New York
New York Court of Appeals
Error to the General Term of the Supreme Court in the first judicial department, to review judgment entered upon an order made December 30, 1879, affirming a judgment, entered upon a verdict, convicting the plaintiff in error of the crime of robbery in the first degree. The indictment contained four counts, each charging the plaintiff in error with feloniously assaulting one Louis Werckle and robbing and taking from him “ one key of the value of one dollar.”
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Error to the General Term of the Supreme Court in the first judicial department, to review judgment entered upon an order made December 30, 1879, affirming a judgment, entered upon a verdict, convicting the plaintiff in error of the crime of robbery in the first degree. The indictment contained four counts, each charging the plaintiff in error with feloniously assaulting one Louis Werckle and robbing and taking from him “ one key of the value of one dollar.” The first count charged the taking to have been “ from the person of said Louis Werckle and against the will and by violence to the…
1Opinion of the CourtRapallo, J.
The demurrer to the special plea interposed on behalf of the prisoner was properly sustained. The substance of the plea is, that the grand jury, by whom the indictment was found, did not proceed in accordance with law, but considered, regarded and examined improper, incompetent and irrelevant matters, and the specification is that they had before them for their consideration, and as part of their method of inquiry, and did consider certain ex parte afiidavits taken before a police justice in an examination had before him as such, together with the examination of the prisoner, taken in…
2Cases cited2 opinions
- People v. HulbutNew York Supreme Court · 1847
- Brooks v. . the PeopleNew York Court of Appeals · 1872
3Cited by46 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- People v. . GlenNew York Court of Appeals · 1903
- Stebbing v. StateCourt of Appeals of Maryland · 1984
- Chadwick v. United StatesCourt of Appeals for the Sixth Circuit · 1905
- People v. WerblowNew York Court of Appeals · 1925
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