Hyperlawhypertext legal database People v. Windholz 78 N.Y.S. 1131

← Cases

People v. Windholz

78 N.Y.S. 1131 Court N.Y. App. Div. Decision date 1902-09-30 English

Contents

Majority

p. 1131
PEOPLE, Respondent, v. WINDHOLZ et al., Appellants.
(Supreme Court, Appellate Division, Fourth Department.
September 30, 1902.)

Headnote

Proceedings by the people of the state of New York against Louis Windholz and another.

Order reversed, with §10 costs and disbursements, and motion granted, with $10 costs. Held, that the order for the examination of defendants should be set aside, under the rule laid down in Skinner v. Steele, 88 Hun, 311 , 34 N. Y. Supp. 748 . The only evidence material to the plaintiff’s case which could he given by the defendants would tend to show them guilty of crime and subject them to penalties under the statute. The defendants would be privileged from giving such evidence, and the privilege is asserted by making the motion to set aside the order. See 74 N. Y. Supp. 241 .