People v. Gibbs

The defendant has been indicted under a two-count indictment charging her with murder in the second degree on one Josephine Betts and with assault in the first degree on one Audrey White, both crimes being committed on the same day, September 2, 1962. (36 Misc 2d 768.)

*492The defendant moves for a severance of the two counts for the purpose of trial She argues that the indictment contains no allegation that the second count is in any way connected with the act or transaction upon which the first count is based. Nor does it allege that the acts joined in the indictment constitute parts of a common…