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People v. Du Bois

25 N.Y. St. Rep. 101 Court N.Y. Gen. Term Decision date 1889-07-06 English

Delivered by Ingalls, J.

Contents

Majority

p. 101
The People, App’lt, v. Albert Du Bois, Resp’t.

Headnote

Appeal by the people from a judgment of the court of sessions of Saratoga county, sustaining a demurrer interposed by the defendant to the indictment herein."
T F. Hamilton, for app’lt; I. C. Ormsby, for resp’t.

We conclude that the indictment was fatally defective, and that the demurrer was properly sustained. The reasons for such conclusion will be found in the opinion delivered in the case of The People v. Patrick H. Burns (ante p. 97), which was argued at the "same term of this court. The facts and questions of law involved in this case are substantially the same as those contained in the case referred to. The judgment of the court of sessions must be affirmed, with costs.

All concur.