People v. Moody

Defendants have demurred to the Third and Fourth counts of an indictment pending against them, upon the ground that the facts stated therein do not constitute a crime. By the Fourth count of the indictment the defendants are *515accused of the crime of assault in the second degree, committed as follows, “ the defendants aforenamed on or about'January 23, 1954, in the County of Queens, assaulted Mack Logan by willfully and wrongfully choking, seizing and pushing the said Mack Logan with their hands, they being instruments and things likely to produce grievous bodily harm.” According to section 242…