People v. Decker

Appeal by the People from two orders of the Greene County Court, each of which dismissed an indictment against defendant. Defendant was indicted on May 27, 1958 on two counts, one charging arson in the second degree in violation of subdivision 2 of section 222 of the Penal Law, and the other charging perjury. This indictment was dismissed with a direction that the matter be resubmitted to the same Grand Jury. The reconvened Grand Jury handed up an indictment charging only arson in violation of subdivision 5 of section 222 of the Penal Law, without hearing any further evidence. This indictment…