People v. Roderman

Upon these motions for orders dismissing an indictment accusing them of arson, first degree, defendants contend that their prosecution therefor is barred by the principles of former jeopardy and res judicata1, brought into operation through their prior acquittal of felony murder after trial upon an indictment based on the identical criminal act charged in the arson indictment. Since the facts are not in dispute there are but issues of law, to be resolved by the court (People v. Smith, 172 N. Y. 210, 226; People ex rel. Kammerer v. Brophy, 255 App. Div. 821, 822, affd. 280 N. Y. 618; see,…