PEOPLE v. WHEATMAN


48 Misc.2d 85 (1965)

The People of the State of New York, Plaintiff, v. Nathan Wheatman, Defendant.

Supreme Court, New York County.

October 27, 1965


Attorney(s) appearing for the Case

Edward J. McCann for defendant. Frank Hogan, District Attorney, for plaintiff.


LOUIS J. CAPOZZOLI, J.

The defendant has filed demurrers to Indictment No. 3328, charging perjury in the first degree, and to Indictment No. 3326, charging conspiracy and taking unlawful fees, on the ground that it appears on the face of the indictments that matter constituting a legal bar to prosecution appears on the faces thereof. (Code Crim. Pro., § 323, subd. 5.) To support this contention, the defendant argues that since he was a public officer...

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