People v. Dilliard

Leave having been granted the defendants to withdraw the pleas entered on their arraignment, raising the general issue by their plea of not guilty, and to substitute, by consent of the district attorney, a different plea by demurrer, presenting an issue upon the law (Code Crim. Proc. §§ 322, 323; cf. People v. Fuller, 156 Misc. 404), it now becomes imperative to examine the indictment in the light of the law in order to determine its sufficiency, both as to form and substance — a procedure which the learned district attorney deems desirable so that certain questions now raised under the…