Order reversed, on the law, motion denied, indictment reinstated, and matter remitted to Criminal Term for further proceedings on the indictment.
There was sufficient evidence to sustain the indictment for arson in the third degree, as there was testimony before the Grand Jury that the building was damaged by a fire which had been started in three places and that defendant admitted setting the fire. Under the circumstances, the proof was sufficient to sustain the...
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