People v. Conklin

This is an appeal from an order of the County Court of St. Lawrence County, denying a motion to dismiss an indictment against defendant, which charged him, with the crime of abandonment in violation of section 480 of the Penal Law. Before the trial of the indictment defendant was found to be insane and committed to Matteawan State Hospital for the Criminal Insane. The motion was made by one Cora Besaw, defendant’s mother, and solely upon her affidavit. The grounds of the motion are that prior to the indictment the defendant and his wife were legally separated by judgment, and that custody of…