In September, 1949 defendant was indicted in the Rensselaer County Court for murder, first degree. He filed a demurrer to the indictment. On January 3, 1950, with the defendant and his counsel present, the County Court disallowed the demurrer. A stenographic record was taken of the proceedings, a certified copy of which is made part of the record. No record of the clerk's notation of the disallowance of the demurrer has been produced. The statute (Code Crim. Pro., §...
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