Ira Morris for appellant.
Clarence J. Henry, District Attorney (
Harry L. Rosenthal of counsel), for respondent.
Having in mind that the question presented involves a fundamental principle pertaining to criminal prosecutions, it might be well to quote Judge CRANE in
People v. Zambounis (251 N.Y. 94, 97). He said, "Forms and procedure still have their place and purpose in the administration of the law; without them we would have chaos. Much impatience is being shown with the technicalities of the law, and at times it is justified. The requirement that an indictment and an information must state the crime with which a defendant is charged, and the particular acts constituting that crime is more than a technicality; it is a fundamental, a basic principle of justice and fair dealing, as well as a rule of law." The judgment of conviction is reversed. Submit order accordingly.