People v. Smith

This is an application for a certificate of reasonable doubt. No affidavit in opposition has been submitted by the People and the assistant district attorney who appeared at the time of the argument of the motion stated that no affidavit would be submitted but that the application was to be determined on the basis of the papers submitted by the moving party.

The defendant was originally charged in an indictment with various crimes but the trial finally proceeded as to only one count of said indictment, to wit, impairing the morals of a minor. The minor was a boy 10 years of age and the court,…