People v. James

The two-count indictment against this defendant charges him with assault in the first degree and with the possession of a dangerous weapon, a knife, as a felony. The person allegedly assaulted by the defendant was a female living under the same roof with him in • a meretricious relationship, or what the complainant designated as living ‘ ‘ common law. ’ ’

The question presented by this motion of the defendant to dismiss the indictment and to transfer the controversy to the Family Court is whether that court has exclusive original jurisdiction under the Family Court Act of a charge of assault…