People v. Hetherington

Chief Judge Fuld.

Charged in separate counts of one indictment with killing Catherine Herrell and her brother, Richard Fuller, the defendant was convicted of murder in the first degree for Fuller’s homicide and in the second degree for Mrs. Herrell’s. The Appellate Division affirmed the judgment and, since there is no doubt as to the sufficiency of the evidence establishing the defendant’s guilt, we turn immediately to his principal arguments (1) that his confession was involuntary and should not have been admitted into evidence and (2) that he was improperly charged in a single indictment…