The defendant was indicted for assault in the second degree in violation of subdivision 5 of section 242 of the Penal Law, in two counts, the first count charging that the defendant had assaulted certain police officers at a restaurant in the city of Ogdensburg "with intent to prevent and resist his lawful apprehension and detention" by the police officers and the second count charging that he had committed a similar assault upon one of the police officers at the police station...
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