People v. Wenk

Fawcett, J.:

1 This is a motion to dismiss an indictment upon the ground *66that the grand jury had no power or jurisdiction to find the same.

Defendants have been jointly indicted for an unsuccessful attempt to extort money by means of verbal threats. The acts charged were committed in the borough of Brooklyn, of the city of blew York, which borough is coterminous with the county of Kings.

The acts charged are a misdemeanor within the provisions of section 857 of the Penal Code. People v. Gillette, 200 N. Y.. 275. The word “ feloniously,” as used in the indictment, may be disregarded under section…