(DOWNLOAD) "People State New York v. John Joseph Hill" by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. John Joseph Hill
- Author : Supreme Court of New York
- Release Date : January 17, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Appeal from an order of County Court, Rensselaer County, which denied a petition for a writ of error coram nobis. In September,
1949 defendant was indicted in the Rensselaer County Court for murder, first degree. He filed a demurrer to the indictment.
On January 3, 1950, with the defendant and his counsel present, the County Court disallowed the demurrer. A stenographic record
was taken of the proceedings, a certified copy of which is made part of the record. No record of the clerk's notation of the
disallowance of the demurrer has been produced. The statute (Code Crim. Pro., 326) provides that the disallowance of a demurrer
"must be entered on the minutes". We are of opinion that the exact stenographic transcription of the proceedings is a sufficient
compliance with the statute. No challenge has been made of the accuracy of the minutes. It is not contended that the Judge
did not disallow the demurrer. If the failure of the clerk to make a notation similar to that of the stenographic notes be
deemed an irregularity, it was certainly not jurisdictional and was waived by defendant's plea of guilty to murder, second
degree, on February 15, 1950. The argument pursued by appellant's counsel on appeal to this court that all proceedings after
the disallowance of the demurrer were void is without substance. Order unanimously affirmed. Present - Foster, P.J., Bergan,
Gibson, Herlihy and Reynolds, JJ.
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