People v. Peary

Order of the County Court of Kings county granting defendant’s motion to dismiss an indictment charging carnal abuse of a child and assault in the second degree reversed on the law and the facts, motion denied and indictment reinstated. What transpired before a magistrate on a preliminary hearing is not a pertinent consideration on a motion to dismiss an indictment as being unsupported by legal evidence where such matters are not adduced before the *852grand jury. Section 392 of the Code of Criminal Procedure has no application to this ease, which concerns an indictment founded upon the sworn…