People v. Merhige

This is an appeal from an order of the County Court of Rensselaer County, entered October 18, 1971, which granted defendant’s motion to dismiss the indictment.

*224By two separate indictments, defendant was charged with assault third degree and resisting arrest involving incidents which allegedly occurred on December 24 and 25,1969. On June 9, 1971 defendant was tried and acquitted on the assault charge and successfully moved to dismiss the remaining indictment on the ground that it was insufficient on its face. The court, however, granted the District Attorney permission to resubmit the charge to…