Dean

An indictment charging seven persons with conspiracy to commit certain alleged- offenses was attacked as insufficient by objections to the introduction o£ evidence, which were overruled. After trial resulting in a disagreement of the jury the case was reset for trial at a subsequent date, at which time, and before the introduction of any evidence, the defendants moved that the indictment be dismissed and the defendants discharged, which motion was granted. The People appeal from this latter order.

The indictment alleged that on or about July 15, 1929, the defendants “did wilfully, unlawfully and feloniously agree, conspire and combine together that they should sell, possess and transport intoxicating liquor fit for beverage purposes, containing more than one-half of one per cent of alcohol by volume.” In separate paragraphs it was further charged as overt acts that upon certain dates the defendants did thereafter “sell, transport and possess intoxicating liquor fit for beverage purposes, containing more than one-half of one per cent of alcohol by volume.” The respondents argue, principally, that the pleading was fatally defective in that it failed to allege that they “unlawfully”…