People v. Lopez

The defendant Ralph Bonagura demurs to an indictment charging him with the crimes of grand larceny in the second degree (two counts), and possession of dangerous weapon as a misdemeanor. Said defendant demurs to the indictment on the first, second, fourth and fifth grounds referred to in section 323 of the Code of Criminal Procedure. There is no substance to the first ground, “ That the grand jury, by which it was found, had no legal authority to inquire into the crime charged ’ ’. Section 323 of the code provides that the defendant may demur to the indictment,

‘ ‘ when it appears on the face…