People Ex Rel. Poulos v. McDonnell

Relators were indicted by a grand jury of Kings County on three counts:

1. Attempted rape in the first degree;

2. Assault in the second degree with intent to commit rape, and

3. Assault in the second degree with intent to inflict grievous bodily harm.

*91At the trial, the court dismissed the first count at the end of the People’s case. The jury acquitted relators of counts 2 and 3. Their counsel thereupon moved for their discharge “ on all three counts of the indictment ”, which motion was denied upon the ground that ‘ ‘ there is still pending before the Court a charge of assault in the third…