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PEOPLE v. GIBBS

36 Misc.2d 768 (1962)

The People of the State of New York, Plaintiff, v. Patricia Ann Gibbs, Defendant.

County Court, Oneida County.

November 13, 1962

Attorney(s) appearing for the Case

Arthur A. Darrigrand, District Attorney (J. Stuart Fero of counsel), for plaintiff. Anthony L. Rose for defendant.

JOHN J. WALSH, J.

The defendant, by an indictment presented and filed October 8, 1962, was indicted on a first count of murder in the second degree of one Josephine Betts, and on a second count for assault in the first degree on one Audrey White. The indictment alleges the two crimes were committed on the same day.

On October 9, 1962, before entering a plea, the defendant filed a written demurrer:

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