People v. Barnes

Kenneth C. Johnson, Jr., J.

This is a proceeding to dismiss Count I and Count II of a superseding indictment on the grounds that the same are defective and factually insufficient. The motion was made originally against Indictment No. 73-36 *1007and was made to dismiss all three counts of said indictment. However, on the return day set for argument of this motion a copy of a superseding indictment was served on defense counsel containing the same Counts I and II, but a corrected Count HI. The objections and grounds for dismissal of Count III of the original Indictment No. 73-36 were cured by the…