People v. Falasco

Mancuso, J.:

This is a motion to dismiss an indictment found against the defendants charging each of them with the crime of assault in the first degree, as a second offense, and assault in the second degree, as a second offense.

The indictment alleges that “on the 8th day of June, 1923, in the County of Hew York, one Pietro Gini, with force and arms, in and upon one Herman Gabbe, did wilfully and-feloniously make an assault with a certain knife which the said Pietro Gini in his right hand then and there had and held, and did then and there wilfully and feloniously strike, beat, stab, cut,…