People v. Stewart

On December 15, 1960, the defendant was convicted, after trial, of assault in the third degree. He now. moves to set aside the conviction and for a new trial on several grounds, principally, on the ground that his trial and conviction in this court constituted double jeopardy.

The testimony before us developed the following facts: At about 10:30 p.m. on December 21, 1960, a police officer found the defendant lying outside the New York Central Station at 125th Street and Park Avenue, in Manhattan. The defendant complained of pains in his stomach and the officer summoned an ambulance in which…