People v. Johnson

Chief Judge Fuld.

Arrested on an information charging him with assaulting his wife with a knife, the defendant was indicted two months later for assault in the second degree. He moved to dismiss the indictment and to transfer the case to the Family Court. His motion was denied and he pleaded guilty to the misdemeanor of assault in the third degree; he received a suspended sentence. His conviction was affirmed by the Appellate Division and, upon this appeal, the sole question presented is whether a County Court may try an indictment accusing a husband of feloniously assaulting his wife without…