People v. La Bruna

Schnepp, J. (dissenting).

I dissent and vote to reverse.

As the majority opinion makes clear, the ultimate question is whether the circumstantial case against the defendant is sufficient as a matter of law to support a finding that the defendant was guilty of intentional murder beyond a reasonable doubt.

The proof against the defendant consisted of testimony that in November, 1969 a fight occurred at the Ivanhoe Restaurant in Buffalo during which Gino Albini landed a blow which *304resulted in the death of Thomas Trent. Elayne Stec and the defendant, a friend of Albini, were present at the Ivanhoe…