The following excerpt is from People v. Klipfel, 160 N.Y. 371, 54 N.E. 788 (N.Y. 1899):
committed such a crime, and hence the indictment would not support a judgment of conviction for such offense. People v. Dumar, supra. The order should be affirmed, with leave to plead given. All concur. Order affirmed.
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