Judgment unanimously reversed and indictment dismissed.
Memorandum:
An indictment was returned against appellant charging assault, second degree, in that "with intent to prevent and resist his lawful apprehension and detention" he assaulted a Deputy Sheriff. Upon the trial the People offered no proof to sustain this allegation. Instead the evidence was that if an assault was committed it was to prevent the apprehension and detention of a third party. At the...
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