People v. Monahan

This is an appeal by the district attorney of Tompkins county from an order of Tompkins County Court sustaining defendant's demurrer and dismissing an indictment against the defendant, returned by the grand jury of said county at a term of Supreme Court therein, said indictment having been sent to said County Court. The defendant, by the indictment, was charged with the crime of maintaining a public nuisance in violation of section 1530 of the Penal Law.

The defendant demurred upon the ground that the grand jury of Tompkins county had no jurisdiction to indict. The demurrer was sustained upon…