People v. Longe

Appellant attacks the indictment under which his conviction was had, upon the ground that the court’s dismissal of the rape count “ nullified the count charging first degree burglary.” The second count separately charged an attempt at rape, an assault committed during the commission of which was an essential element of the crime charged in the first count. The mere fact that after the plea to the first count *475the second count was dismissed, as an act of mercy or for whatever reason, had no legal effect upon the validity of the first count. The first count is good even if there had been no…