People v. Morgan

John H. Galloway, Jr., J.

Defendant Morgan moves to sustain Ms demurrer to the superseding indictment herein on the ground of incorrect joinder of the third count with the first and second counts thereof, because there is no connection whatsoever between the alleged crimes of burglary first degree (first count) and larceny first degree (second count) and the alleged felonious possession of a loaded firearm (third count). Pie urges that more than one crime is charged “ in violation of Section 279 of the Code of Criminal Procedure, and that the counts have been incorrectly joined in violation of…