People v. Sutherland

When the defendants came on for trial in another part of this court upon an indictment charging grand larceny, second degree, the case was marked off the Trial Calendar and adjourned sine die on motion of the District Attorney. Before its restoration for trial, however, the District Attorney procured a superseding indictment which contained two additional counts charging criminally receiving stolen property. It was upon this indictment that the defendants were convicted by the verdict of a jury after trial and now move in arrest of judgment. This motion must be denied.

We cannot agree with the…