People v. Wasserbach

The defendant moves to dismiss this indictment which charges him with the crimes of attempted rape and assault with intent to commit rape.

This is a second indictment of this defendant for the same acts. He had previously been indicted for rape in the first degree, but that indictment had been dismissed, and properly so, because°of the absence of sufficient supporting evidence as required by statute. Nevertheless the court had ordered the case resubmitted to the grand jury with the “ suggestion ” that the defendant might legally be indicted for attempted rape and assault with intent to rape.…