Volume 17 — New York Criminal Reports

<p>Grand Juey—Inspection op Minutes of.</p> <p>Where the defendant has had no preliminary examination in the Magistrate Court, it furnishes a good ground for granting an order for leave to inspect the minutes of the grand jury, even though he has been tried before the commissioner of police on similar charges.</p>

<p>Disorderly Person—Deposit in Lieu oe Undertaking.</p> <p>Where defendant deposited $300 in lieu of undertaking for support of his wife and costs of appeal, and the judgment was affirmed, whereupon the defendant surrendered himelf and was committed, Held, that while there may be no express statutory authority for such cash deposit, it was made in the interest of justice, and the court would not order its return but would discharge defendant and apply the money to the support of the wife and costs, leaving the overplus only to be returned to defendant.</p>

<p>1. Motion Before Trial to Dismiss Indictment Against Public Officer on Minutes of Grand Jury.</p> <p>A motion, on the minutes of the grand jury, to dismiss an indictment against a police captain for wilful neglect of duty will not be granted where the court cannot say, as a matter of law, that the evidence was not sufficient to justify the grand jury, and where there is evidence, the force and weight and the credence to be given it, is for the jury alone and not for the court.</p> <p>2. Same.</p> <p>Where there appears to be a very general suspicion of police officials, an indictment by a grand jury of such officers ought not to be disposed of on a motion addressed to the discretion of the court.</p>

<p>Allowance to Counsel—Code Grim. Prog., Sec. 308.</p> <p>Where defendant was duly arraigned, and “ with due appearance of counsel ” his plea of not guilty was duly entered, and subsequently ' and at another term of court before another judge at a time when defendant neither appeared for arraignment nor for trial, counsel was assigned, it is not such an assignment as would confer upon the court the power to allow compensation under Code Criminal Procedure, section 308.</p>

<p>New Trial—Newly Discovered Evidence.</p> <p>. Newly discovered evidence as to the. good character of the defendant is not a sufficient ground for granting a new trial. . .</p>