Summary
affirming rule that "an indictment is good despite the absence of certain grand jurors on various days when testimony is heard, so long as `at least twelve of the Grand Jurors, who voted to indict, heard all essential and critical evidence'"
Summary of this case from Commonwealth v. WilcoxOpinion
Argued November 17, 1955
Decided January 13, 1956
Appeal from the Supreme Court, Appellate Division, Second Department, HOFMANN, J.
Henry W. Schober for appellant.
T. Vincent Quinn, District Attorney ( Benj. J. Jacobson, J. Wolfe Chassen and Frank J. Crisona of counsel), for respondent.
At least twelve of the Grand Jurors, who voted to indict, heard all essential and critical evidence including the testimony of the defendant. Based on such evidence the Grand Jury was privileged to return an indictment, since it was sufficient if unexplained or uncontradicted to warrant a conviction by a trial jury (Code Crim. Pro., § 258). The only testimony not heard by at least twelve of the jurors was of an incriminating nature but was not necessary to the finding of the indictment as it was merely repetitious.
The order should be affirmed.
CONWAY, Ch. J., DESMOND, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur; DYE, J., taking no part.
Order affirmed.