People v. Maestry

Appellate Division of the Supreme Court of New York

People v. Maestry

33 N.Y. Crim. 164, 167 A.D. 266

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 9, 1915

StatusPublished

This text of 33 N.Y. Crim. 164 (People v. Maestry) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Maestry, 33 N.Y. Crim. 164, 167 A.D. 266 (N.Y. Ct. App. 1915).

Pincite

Opinion

Scott, J.:

The defendant has been convicted of murder in the second [165]*165People v. Shenk, 142 N. Y. Supp., 1081; s. c. 30 N. Y. Cr. Rep., 128, which is to move to dismiss the information because of the insufficiency of evidence and that, therefore, the Magistrate had no jurisdiction to hold the defendant for trial. See also People ex rel. Phillips v. Hanley, 164 App. Div. 150. Even the regularity of this practice has been questioned.

The demurrer is, accordingly, overruled.

All concur.

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Scott, J.:

The defendant has been convicted of murder in the second [165]*165People v. Shenk, 142 N. Y. Supp., 1081; s. c. 30 N. Y. Cr. Rep., 128, which is to move to dismiss the information because of the insufficiency of evidence and that, therefore, the Magistrate had no jurisdiction to hold the defendant for trial. See also People ex rel. Phillips v. Hanley, 164 App. Div. 150. Even the regularity of this practice has been questioned.

The demurrer is, accordingly, overruled.

All concur.

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Bluebook (online)

33 N.Y. Crim. 164, 167 A.D. 266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-maestry-nyappdiv-1915.

Opinion

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