People v. Beyer

The defendant was indicted by the grand jury of the county of Lewis on June 9, 1937, which indictment was removed from the Supreme Court to the County Court. Said indictment contained two counts; the first count charged the defendant with violation of section 1868 of the Penal Law, constituting a misdemeanor; the second count of the indictment charged the defendant with violation of section 1826 of the Penal Law, which crime is a felony.

The indictment failed to have the names of the witnesses sworn before the grand jury indorsed upon the indictment. The attorney for the defendant moves that…