222 N.Y. 548
118 N.E 1072
Decided December 4, 1917
New York Court of Appeals · decided 1917-12-04
The defendant moved to dismiss the indictment on the ground that the crime charged in the indictment was alleged to have been committed on the 17th day of October, 1915, an impossible date, the same being in the future. Defendant also demurred to the indictment on the ground that it did not state facts sufficient to constitute a crime.
Cited by 1 later decisions — most recently July 1954
1 state decisions
Relies on People v. . Van Every
Good law ✅— No negative treatment on recordhow we know
Decided 1917-12-04
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¶1 Judgments of Appellate Division and of County Court reversed and defendant discharged on the authority of People v. Van Every (222 N. Y. 74).
¶2*549 Concur: Hiscock, Ch. J., Hogan, Pound, McLaughlin and Andrews, JJ. Dissenting: Chase and Cuddeback, JJ.