People v. Nerone

The defendant demurs to the indictment on the ground that the Grand Jury has joined count four (carrying and possessing a dangerous weapon on July 5, 1961) *537with allegedly wholly unrelated crimes as set forth in counts one, two and three of the indictment which charge robbery in the first degree, grand larceny in the second degree, and assault in the second degree, respectively, all alleged to have been committed on May 16, 1961.

Section 278 of the Code of Criminal Procedure provides: ‘ ‘ Indictment must charge but one crime and in one form, except where it may be committed by different means.…