New York Supreme Court March 15, 1908 (People v. Gallagher)

Devendorf, J.

Ultimately the questions raised by the demurrer are (1) that two distinct crimes (grand larceny and misdemeanor, under section 640 of the Penal Code) are alleged in the indictment, and (2) that the facts stated do not constitute the crime of grand larceny in any degree.

The indiement is for grand larceny in the first degree.