
    Ann Lohman alias Madame Restell, plaintiff in error, vs. The People, defendants in error.
    
      —Judgment affirmed.
    
    Edward Sandford, for plaintiff in error;
    John McKeon, district attorney, for defendants in error.
   It was decided in this case, that mere surplusage in an indictment did not vitiate. Facts alleged in an indictment which constitute a misdemeanor will be good for that offence, although additional facts which nearly {intent not averred) constitute felony are also alleged.

Questions of privilege to jurors and witnesses in criminal cases were also raised and decided. (Reported, 1 Comstock, 379.)  