People v. Ortiz

Permission to inspect the grand jury minutes and the dismissal of the indictment is sought. The claim is made that the only testimony taken by the grand jury was that of the two children in question, both of whom are under the age of twelve years, and that there was no supporting corroboration as required under section 392 of the Code of Criminal Procedure such as warrants the finding of the indictment.

The indictment contains four counts charging sodomy, assault in the second degree and placing a child in such a situation as likely to impair its morals. It alleges that the two children in…