People v. Koerber

Defendant was convicted of murder in the first degree for killing one Mahairas when engaged in the commission of a felony (Penal Law, § 1044, subd. 2), to wit, the crime of robbery, upon the person killed. The homicide occurred about five o’clock in the morning of Sunday, March 21, 1926. Defendant testified in his own behalf in substance that he had been drinking heavily and that he was intoxicated at the time so that he did .not know what he was doing. He narrated with considerable detail the occurrences of the night, both before and after the homicide, and the jury might properly have found…