People v. Diamond
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas J. Diamond, from a judgment of the Supreme Court in favor of the plaintiff, entered on the 27th day of November, 1901, upon the verdict of a jury convicting the defendant of the crime of willfully omitting to perform a duty enjoined by law upon him, and also from various orders and decisions made in the intermediate proceedings in the action. The appellant was a captain of police in command of the fifteenth precinct in the city of New York.
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Appeal by the defendant, Thomas J. Diamond, from a judgment of the Supreme Court in favor of the plaintiff, entered on the 27th day of November, 1901, upon the verdict of a jury convicting the defendant of the crime of willfully omitting to perform a duty enjoined by law upon him, and also from various orders and decisions made in the intermediate proceedings in the action. The appellant was a captain of police in command of the fifteenth precinct in the city of New York. The indictment upon which he was tried charges him with the violation of his duty as a public officer between October 1,…
1Opinion of the Court
Kellogg, J.:
The appellant presents several alleged grounds of error on this appeal, and considering them in the order in which the errors are alleged to have occurred we have:
First. A motion before the recorder in the city of New York for leave to inspect the minutes of the grand jury was denied except upon filing a stipulation cutting the defendant off from some statutory rights. If the defendant had a right to inspect the grand jury minutes, the condition imposed would have been a fatal error, but the inspection of such minutes is not a right which any indicted person possesses, arid the…
2Cases cited2 opinions
- Eighmy v. . the PeopleNew York Court of Appeals · 1880
- People v. HerlihyAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by9 opinions
- United States v. SandersUnited States Court of Military Appeals · 1964
- People v. EdwardsNew York Court of General Session of the Peace · 1959
- State v. TrubaSupreme Court of Vermont · 1915
- People ex rel. McLennan v. GroutNew York Supreme Court · 1902
- People ex rel. Fried v. FrankNew York Supreme Court · 1911
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