The People of the State of New York v. . Anton J. Wiechers, Impleaded With Another.

Summary

The Court of Appeals affirmed the conviction for conspiracy, holding that an indictment cannot be attacked for the first time on appeal unless the defendant raised a demurrer, objection, or motion in arrest of judgment before final judgment; the defendant failed to do so. Justice O’Brien dissented, arguing that a fatal defect in the indictment that fails to charge a crime may be raised at any time and should result in reversal.