People v. Slaughter

An indictment was returned against appellant in October, 1965 charging him with the crime of murder, first degree. Following a jury trial he was convicted of murder, second degree. We reversed and granted a new trial because of prejudicial remarks made by the prosecutor upon the question of appellant’s insanity which we found to be a “ substantial issue ” in the case (28 A D 2d 1082).

Thereafter appellant waived a jury trial and following a non-jury trial he was again convicted of murder, second degree. The sole issue litigated was defendant’s mental condition at the *51time of the commission of…