People v. Stewart

Munder, J.,

dissents and votes to reverse the judgment and order a new trial, with the following memorandum, in which Shapiro, J., concurs: This judgment should be reversed, on the law and the facts and in the interest of justice, and a new trial ordered. Defendant was charged with the murder of one Daniel C. Smith and was convicted of manslaughter in the first degree. Defendant, who returned home to his common-law wife on October 8, 1971 after a few weeks absence, found Smith there, and was told that Smith was her new boyfriend. Defendant ordered Smith out of the apartment and started…