People Ex Rel. Wachowicz v. Martin

Lehman, Ch. J.

The relator was indicted in January, 1941, by the Grand Jury of Erie County. In the first count of the indictment he was charged with ‘ ‘ Burglary in the Third Degree, contrary to the Penal Law, Sections 400, 404 ”, committed by feloniously breaking into and entering a dwelling house with intent to commit a crime therein. In the second count he was charged with “ Buying, Receiving, Concealing or Withholding Stolen or Wrongfully Acquired Property, contrary to the Penal Law, Section 1308, in that he * * * knowing the same to have been stolen and appropriated wrongfully in such…