People v. Kasprzyk

Sears, J. (dissenting):

While the evidence in this case was sufficient to warrant a conviction as charged in the indictment, the questions of fact presented to the jury were not free from doubt. The case seems particularly close as between murder, second degree, and manslaughter, first degree. Under such circumstances it is peculiarly important that incompetent evidence, prejudicial to the defendant, should not have been received and that the jury should have been accurately instructed.

*453On cross-examination the defendant was interrogated as to a conviction on or about May 30, 1920, for carrying…