
    People, Appellant, v. Du Bois, Respondent.
    
      (Supreme Court, General Term, Third Department.
    
    July 6, 1889.)
    Appeal from court of sessions, Saratoga county.
    Argued before Learned, P. J., and Landon and Ingalls, JJ.
    
      T. F. Hamilton, Dist. Atty., for the People. I. G. Ormsby, for respondent.
   Ingalls, J.

We conclude that the indictment was fatally defective, and that the demurrer was properly sustained. The reasons for such conclusion will be found in the opinion delivered in the case of People v. Burns, ante, 611, which was argued at the same term of this court. The facts and questions of law involved in this case are substantially the same as those contained ■in the case referred to. The judgment of the court of sessions must be af•firmed, with costs. All concur.  