New York County Courts October 15, 1909 (People v. Richardson)

Nye, J.:

Subdivision 2 of section 275 of the Code of Criminal Procedure provides that “ The indictment must contain . . . 2. A plain and concise statement of the act constituting the crime, without unnecessary repetition.”

An indictment must charge both the crime and the act constituting it, and the omission of either is fatal. People v. Corbalis, 178 N. Y. 516, and cases there cited.

In People v.