New York Supreme Court July 15, 1900 (People v. Thomas)

Fursman, J.

This is a motion to set aside an indictment found against the defendant by the March, 1900, grand jury of the Court of General Sessions. The indictment is found under sec*171tion 154 of the Penal Code, which declares that where a duty is enjoined by law upon a public officer every willful omission to perform it is punishable as a misdemeanor.