People v. Lester

Appeal from’ an order sustaining a demurrer to an indictment on the ground that it was signed by the Acting District Attorney on the face thereof and not by the duly elected District Attorney. This order, in effect, is pro forma because the court felt impelled to follow the opinion of a co-ordinate judge in People v. Jackson (N. Y. L. J., p. 1049, March 16, 1944).

An indictment “ must be signed by the foreman of the grand jury ” (Code Crim. Pro. § 268). The section providing for the signing by the District Attorney is directory and involves a clerical act. (Code Crim. Pro. § 276.) An…