People v. Murray

Motion by these defendants for a dismissal of the indictment charging them with the crime of assault in the second degree. The indictment charges that these defendants, on or about the 23d day of January, 1938, assaulted William Miller, George Miller and Theodore Dausch by willfully and wrongfully striking them with a knife or other sharp weapon. The motion to dismiss is made upon the ground that this indictment against the defendants constitutes double jeopardy.

These defendants were tried in the Felony Court of the Borough of Queens on February 3,1938, charged with the offense of disorderly…