The evidence which the jury was entitled to credit, and obviously did accept, was ample to warrant conviction under a sufficient indictment. We find error, however, in the trial court's denial of a motion in arrest of judgment, made on the ground that the facts stated in the indictment do not constitute a crime. (Code Crim. Pro., §§ 467, 331.) The indictment charged the violation of section 58 of the Vehicle and Traffic Law, whereby the crime is defined, and then...
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