People v. Oliver

Appellate Division of the Supreme Court of New York

People v. Oliver

214 A.D. 804

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

DecidedJune 15, 1925

StatusPublished

Cited by3 cases

This text of 214 A.D. 804 (People v. Oliver) 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. Oliver, 214 A.D. 804 (N.Y. Ct. App. 1925).

Pincite

Opinion

Appeal from order of County Court of Suffolk county overruling demurrer to indictment dismissed. There is no statutory authority for an appeal by defendant in a criminal case from an order overruling Ms demurrer and denying Ms motion to dismiss the indictment. The right to appeal in such cases is purely statutory. (Code Crim. Proc. § 517; Matter of Montgomery, 126 App. Div. 72.) Such order can be brought up for review upon appeal from a formal judgment of conviction. (People v. Carroll, 105 App. Div. 147; People v. Markham, 114 id. 387; People v. Lazersohn, 147 id. 227; People v. Mascola, 174 id. 360.) The claim that defendant has been once put in jeopardy for the offense charged, and acquitted or convicted, must be raised by plea to the indictment. (Code Crim. Proc. § 332.) It was not before the court on the demurrer, and the alleged “ stipulation ” as to the facts involved in the former trial has no place in the record. Kelly, P. J., Rich, Jaycox, Kelby and Kapper, JJ., concur

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from order of County Court of Suffolk county overruling demurrer to indictment dismissed. There is no statutory authority for an appeal by defendant in a criminal case from an order overruling Ms demurrer and denying Ms motion to dismiss the indictment. The right to appeal in such cases is purely statutory. (Code Crim. Proc. § 517; Matter of Montgomery, 126 App. Div. 72.) Such order can be brought up for review upon appeal from a formal judgment of conviction. (People v. Carroll, 105 App. Div. 147; People v. Markham, 114 id. 387; People v. Lazersohn, 147 id. 227; People v. Mascola, 174 id. 360.) The claim that defendant has been once put in jeopardy for the offense charged, and acquitted or convicted, must be raised by plea to the indictment. (Code Crim. Proc. § 332.) It was not before the court on the demurrer, and the alleged “ stipulation ” as to the facts involved in the former trial has no place in the record. Kelly, P. J., Rich, Jaycox, Kelby and Kapper, JJ., concur

Cite This Page — Counsel Stack

Bluebook (online)

214 A.D. 804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-oliver-nyappdiv-1925.

Opinion

Related

Cite This Page — Counsel Stack