People v. Duke , 244 A.D. 829 ( 1935 )

Appeal by the People from an order dismissing an indictment for abortion as to one of three defendants. Aside from some harmless, irrelevant and incompetent testimony, there was ample proof submitted to the grand jury which, unexplained or uncontradieted, would warrant a conviction by a trial jury. Order dismissing indictment reversed on the law, motion to dismiss the indictment denied and indictment reinstated. Lazansky, P. J., Young, Carswell, Tompkins and Johnston, JJ., concur.