CITY AND COUNTY OF NEW YORK. 



THE PEOPLE 



Indictment Misdemeanor, 

 DANIEL SCHBUMPF. 



vs ' Adulteration of Milk. 



Before Judge SUTHERLAND and a jury, December 15, 1876. 



W. P. PRENTICE and GEORGE S. HASTINGS, Counsel for the 

 People ; Lawrence & Waehner, Counsel for Defendants. 



The jury was sworn, and Assistant District Attorney ROLLINS in 

 opening the case said that a conviction would be claimed upon the 

 186th section of the Sanitary Code. 



Mr. WAEHNER Inasmuch as Mr. Rollins has stated that he 

 claimed a conviction upon the 186th section of the Sanitary Code. 

 I would say that the indictment charges two distinct statutory 

 offenses, one being the violation of the act of 1864 and the other 

 being the violation of the Sanitary Code ; it seems therefore that 

 this indictment as far as the form of it is concerned, not alleging 

 the further step of the finding by the grand jury upon the second 

 count the paragraph, which is not, in fact, a count, and defective 

 for that reason, I move to quash the indictment upon the ground 

 that it is but a single count, charging two distinct statutory offenses. 



Mr. ROLLINS It is distinctly announced as a second count. 



