People v. Fleckenstein

I had granted an inspection of the G-rand Jury minutes of this prosecution, and now I am asked by means of this supplementary motion to dismiss the indictment.

G-rand larceny in the first degree, for the alleged stealing of scaffolding, is the substance of the accusation set forth in what appears to be the only count in the indictment. This charge, defendants not only deny but also contend that there is no just basis in law for the finding of the indictment by the G-rand Jury.

In legal effect then, defendants mean to say that1 ‘ When the statute describes the offence, the proof, as well as the…