People v. Cucchiara

The defendant demurred to the indictment on the ground that it charged more than one crime. There were two counts of the indictment; one sufficiently charges robbery in the first degree and the second count assault in the second degree; and it is claimed that it does not sufficiently appear that the crime charged in the first count arose out of the same transaction covering the crime charged in the second count. It appears that the two crimes were committed against the same person, on the same day, in the same town and county. It is true that the indictment should state distinctly the crime…