People v. Zounek
New York Supreme Court
Appeal from court of sessions, New York county. Indictment of Frank Zounek for assault in second degree. From a judgment of conviction, and a refusal t¿ grant a motion for acquittal, the defendant appeals. Affirmed.
1Opinion of the CourtO’Brien, J.
The indictment consisted of three counts, the first charging the prisoner With assault in the first degree for having assaulted the plaintiff “with a deadly weapon, and with intent to kill.” The. other two counts charged assault in the second degree. Upon the trial.the learned judge directed the jury that there was not sufficient evidence to warrant a conviction *756for assault in the first' degree, and sent the case to the jury upon those counts in the indictment which charged assault in the second degree. Those counts, in effect, charged defendant with an assault upon the complainant with a…
2Cases cited2 opinions
- People v. . StoneNew York Court of Appeals · 1889
- People v. TrezzaNew York Court of Appeals · 1891
3Cited by3 opinions
- State v. RemingtonOregon Supreme Court · 1907
- People v. WeckerNew York Court of Special Session · 1930
- People v. DeckenbrockAppellate Division of the Supreme Court of the State of New York · 1913