People v. Fruci

Defendant moves to set aside the verdict of a jury convicting the defendant of the crime of assault in the third degree and to dismiss the information and discharge the defendant on the grounds, (1) that the information is defective because it fails to employ the words, “ willfully and intentionally ” in describing the alleged assault, and (2) that the verdict was against the weight of the evidence, contrary to law and to the facts established on the trial.

Defendant raised the legal sufficiency of the information upon the arraignment, before the trial commenced, at the conclusion of both the…