People v. Fagan

This is a motion by defendant to dismiss an indictment charging him with the crime of assault, second degree. This court had previously granted to defendant for the purpose of this motion, an inspection of the minutes of the grand jury which found the indictment.

Facts presented upon this motion establish that defendant was arrested charged with rape, first degree, upon a female not his wife, over the statutory age. Upon a hearing before the City Court magistrate, defendant was discharged for lack of corroboration of the complainant’s testimony. The next day after defend*496ant’s discharge in City…