People v. Nicholas

The defendant has been indicted for endangering the life or health of a child, a misdemeanor in violation of section 483 of the Penal Law. He moves now to dismiss the indictment.

The defendant was charged in the Police Court of the City of Troy with the crime of rape by an information alleging that that felony was committed on October 12, 1946. The misdemeanor for which he is indicted occurred allegedly on the night of September 21 and the morning of September 22, 1946. It is obvious that the felony which he was charged in Police Court with having committed in October and the misdemeanor for…