People v. Mullen

Paddock, J.:

This is an application by the defendant for a certificate under section 56 of the Criminal Code to send the case to the grand jury. The charge was made before M. H. Bunio, justice of the peace of the town of Malone, Franldin county, against the defendant for assault in the third degree. After the defendant was arraigned and pleaded not guilty, an application was made to the county judge for a certificate under section 56-of the Criminal Code on the ground that the defendant had a witness who was out of the State, and that no provisions were contained in the Criminal Code whereby…