People v. Childs

Appeal by defendant from a judgment of the Supreme Court, Westchester County, rendered January 31, 1963 after a jury trial, convicting him of manslaughter in the first degree, and imposing sentence. Judgment reversed on the law and the facts and a new trial granted. The defendant was charged with shooting and killing one Moore. It appears that a barbecue was being held in the backyard of a house in which the defendant occupied one of several apartments on the third or top floor. Defendant and Moore engaged in a fist fight. Upon intervention of bystanders, defendant left the barbecue and…