People v. Maestry
33 N.Y. Crim. 164, 167 A.D. 266
Procedural entryThis page is a short order in People v. Maestry. Read the opinion of the Court — 167 A.D. 266 →
Opinion
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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People v. Maestry, 33 N.Y. Crim. 164, 167 A.D. 266 (N.Y. Ct. App. 1915).
33 N.Y. Crim. 164 (People v. Maestry) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
People ex rel. Phillips v. Hanley
164 A.D. 150 (Appellate Division of the Supreme Court of New York, 1914)
People v. Shenk
30 N.Y. Crim. 128 (New York Court of Special Session, 1913)