An indictment charging the crime of murder in the first degree was found on evidence that the defendant confessed to the killing of the deceased by turning on gas jets in a closed room and evidence that the medical examiner found the cause of death to be asphyxiation by illuminating gas poisoning. The indictment was dismissed on the ground that the proof, additional to the confession, is insufficient under section 395 of the Code of Criminal Procedure, and leave was granted to resubmit the case to the Grand Jury. Order of the County Court, Kings County, affirmed. No opinion. Nolan, P.J., Johnston, Adel, Wenzel and Schmidt, JJ., concur. [ 201 Misc. 511.]