People v. Gerber

This is a motion to dismiss two indictments on the ground that the evidence presented to the Grand Jury was insufficient as a matter of law to sustain the same.

Indictment No. 64-101 charges the defendant with sodomy in the second degree, two counts of assault in the second degree, carnal abuse of a child, and impairing the morals of a child. Indictment No. 64r-102 accuses the defendant of committing the following crimes with respect to a different victim — carnal abuse of a child, impairing the morals of a child and assault in the second degree.

The only witnesses to testify before the Grand…