New York Court of Appeals March 15, 1881 (People of the State of New York v. . Dowling)

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Folger, Ch. J.

We think that the ground for the reversal of the judgment, stated in the opinion at General Term, is too close. It rests finally upon the motion of the prisoner’s counsel to strike out the count in the indictment for burglary and the granting of the motion by the court, and the striking from the indictment a count for burglary.