People v. Sylvester

The defendant moves upon the minutes of the grand jury, under the provisions of the Code of Criminal Procedure (see §§ 313, 671, and cases cited), for a dismissal of the indictment against him. The claim advanced by the defendant here is that there is an insufficiency of legal evidence to support this indictment, and that if this case were presented to a trial jury, the court would be compelled to direct an acquittal upon such evidence. Ordinarily, a court should not pass upon the sufficiency of disputed evidence on a motion to set aside an indictment; but it seems to me that this record…