People v. Farrell

The defendant was indicted January 15, 1897, and again January 29,1897, for murder in the first degree, charged with the killing of the child, Mamie Cunningham, on the 30 th day of May, 1896.

This motion is brought in his behalf to quash both indictments.

As both are. based on the same alleged crime, the second necessarily supersedes the first, and the motion to quash is, therefore, granted as to the indictment found January 15, 1897.

As to the second indictment, the objections presented by the counsel for the defense relate chiefly to the insufficiency of the evidence produced before the grand…