People v. McKensley

Defendant seeks an order severing the second count, “ Arson in the First Degree,” of the indictment, alleging that she, on March 20,1962, in Lockport, New York, in the nighttime willfully set on fire the dwelling house of Joseph Palia while a human being was present, from the first count, “ Murder in the First Degree,” alleging his killing during the commission of arson in the first degree at the same time and place.

Section 279 of the Code of Criminal Procedure entitled, “ Charging crime in separate counts and consolidating indictments and informations,” provides, in part: ‘1 When there are…