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Ingalls, J. We conclude that the indictment was fatally defective, and that the demurrer was properly sustained. The reasons for such conclusion will be found in the opinion delivered in the case of People v. Burns, ante, 611, which was argued at the same term of this court. The facts and questions of law involved in this case are substantially the same as those contained ■in the case referred to. The judgment of the court of sessions must be af•firmed, with costs. All concur.
Document Info
Citation Numbers: 6 N.Y.S. 956, 25 N.Y. St. Rep. 101, 53 Hun 634, 1889 N.Y. Misc. LEXIS 889
Judges: Ingalls
Filed Date: 7/6/1889
Precedential Status: Precedential
Modified Date: 11/12/2024