People v. LaBarbera

Motion by each defendant to dismiss indictment as against himself on the ground that an examination of the minutes of the grand jury shows the evidence submitted to said grand jury to be insufficient to warrant such indictment. Motion by the district attorney that in event of the dismissal of such indictment he be permitted to resubmit the case to a grand jury. Motion by the district attorney to be permitted to amend the indictment as to its second count.

The indictment is in three counts and charges both defendants as follows: First count, with the crime of murder in the first degree…