People v. Arnstein

The indictment contains two counts, the first charging the defendant with the crime of larceny by means of false representation or pretense, the second charging him with larceny in the common law form.

The original demurrer as filed was to the entire indictment. On the oral argument the learned assistant district attorney 'called the attention of counsel for the demurrant to the presence of this second count. The latter then asked permission to file an amended demurrer limited to the first count, and the assistant district attorney not objecting such consent was granted. Thereafter the present…