People v. Duke

Appellate Division of the Supreme Court of New York

People v. Duke

244 A.D. 829

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1935·Published

Opinion

Appeal by the People from an order dismissing an indictment for abortion [830]*830as to one of three defendants. Aside from some harmless, irrelevant and incompetent testimony, there was ample proof submitted to the grand jury which, unexplained or uncontradieted, would warrant a conviction by a trial jury. Order dismissing indictment reversed on the law, motion to dismiss the indictment denied and indictment reinstated. Lazansky, P. J., Young, Carswell, Tompkins and Johnston, JJ., concur.

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Appeal by the People from an order dismissing an indictment for abortion [830]*830as to one of three defendants. Aside from some harmless, irrelevant and incompetent testimony, there was ample proof submitted to the grand jury which, unexplained or uncontradieted, would warrant a conviction by a trial jury. Order dismissing indictment reversed on the law, motion to dismiss the indictment denied and indictment reinstated. Lazansky, P. J., Young, Carswell, Tompkins and Johnston, JJ., concur.

People v. Duke, 244 A.D. 829 (N.Y. Ct. App. 1935).

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