People v. Mignano
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Sam Mignano, from a judgment of the County Court of the county of Ulster, rendered on the 28th day of November, 1921, convicting him of the crime of manslaughter in the first degree, and also from an order made on the same day denying defendant’s motion for a new trial made upon the minutes.
1Dissent
Hinman, J. (dissenting):
I favor an afiirmance of the judgment of conviction. The defendant has taken a human fife when in fact he was in full *111command of the situation. While he was not required to exercise the best judgment that the situation required of him when viewed in the light of what we know to be the facts, nevertheless I am not in favor of relaxing the wise rule laid down in People v. Kennedy (159 N. Y. 346), where the court said of the self-defense rule: “ Before a party can justify the taking of life in self-defense, he must show that there was reasonable ground for believing he…
2Cases cited6 opinions
- People v. . WebsterNew York Court of Appeals · 1893
- People v. . HinksmanNew York Court of Appeals · 1908
- People v. . SloverNew York Court of Appeals · 1921
- People v. . KennedyNew York Court of Appeals · 1899
- People v. . KoeppingNew York Court of Appeals · 1904
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