People v. D'Andrea

The defendant Lumetta, heretofore granted an inspection of the Grand Jury minutes, moves to dismiss the indictment charging him with manslaughter, first degree, and two counts of felonious assault, on the grounds that:

*961. The evidence before the Grand Jury is insufficient as a matter of weight to warrant the indictment.

2. The evidence 'before the Grand Jury is insufficient as a matter of law to warrant the indictment. Specifically, in this regard, the defendant contends that there is no proof, direct or circumstantial, of the essential element of “heat of passion” under the manslaughter count…