People v. Cooper

This is a demurrer to an indictment charging the defendant with the crime of assult in the third degree.

The indictment, dated December 30, 1935, charges the defendant with the crime as above stated and was handed down by the September term, County Court grand jury. It appears that prior to said indictment the defendant was charged upon an information of Henrietta Butler, dated December 7, 1935, with the crime of assault in the second degree as prescribed in section 242 of the Penal Law, and which crime is concededly a felony. The defendant was arraigned before a justice of the peace in the…