People v. Voelker

The defendant has been convicted of the crime of manslaughter in the second degree and sentenced to fifteen years’ imprisonment in a State’s prison. The indictment is in the common-law form for murder in the first degree for the killing of Nellie *530McCarthy. The proof adduced on behalf of the People was directed toward the establishment of murder in the first degree as defined in the 2d subdivision of section 1044 of the Penal Law, namely, the killing of a human being “ By an act imminently dangerous to others, and evincing a depraved mind, regardless of human fife, although without a…