People v. Hoffman

The defendant was indicted for manslaughter in the second degree for having with culpable negligence smoked and handled a cigarette so as to set afire a dwelling at premises 273 *678West Seventy-third street, New York city, on December 18, 1936, thus causing the death of Eleanor Duffield, an occupant thereof.

A motion to inspect the minutes of the grand jury was hereto- > fore granted. The defendant now moves to dismiss the indictment on the ground that the legal evidence received by the grand jury was insufficient to support the indictment.

Section 1052 of the Penal Law provides:

“ Such homicide is…