148 N.Y.S. 988 | N.Y. App. Div. | 1914
When the district attorney moved the trial, the defendant at once objected that the indictment was found illegally and without authority of law, in that the grand jury was without jurisdiction because theretofore, on November 28, 1911, when an indictment for the same offense was moved for trial and a jury was sworn, a demurrer interposed upon the ground that the facts stated in said indictment were insufficient to constitute the crime charged was sustained, and after such decision no order for resubmission was granted. The district attorney was mute, the court ruled “Motion denied,” and
I advise that the judgment of conviction be reversed and a new trial be ordered.
Burr, Carr, Eioh and Putnam, JJ., concurred.
Judgment of conviction and order of the County Court of Queens county reversed, and new trial ordered.