People v. . Santoro
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the Third Judicial Department, entered January 13, 1920, which affirmed a judgment of the Montgomery County Court rendered upon a verdict convicting the defendant of the crime of assault in the first degree. The facts, so far as material, are stated in the opinion. Under the indictment for manslaughter in the first degree the appellant cannot he convicted of the crime of assault in the first degree.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the Third Judicial Department, entered January 13, 1920, which affirmed a judgment of the Montgomery County Court rendered upon a verdict convicting the defendant of the crime of assault in the first degree. The facts, so far as material, are stated in the opinion. Under the indictment for manslaughter in the first degree the appellant cannot he convicted of the crime of assault in the first degree. (People v. Huson, 187 N. Y. 97; People v. Brown, 123 N. E. Rep. 515; Posey v. State, 95 S. E. Rep. 325; State v. Albutt, 99…
1Opinion of the Court
Collin, J.:
The defendant was tried upon the indictment accusing him of the crime of manslaughter in the first degree in causing the death of Felix Wrzeszenski feloniously, “ but without a design to effect the death of said ” deceased, in an assault by means of a loaded pistol discharged at, “ but Avithout a design to effect the death of said Felix Wrzeszenski.” The eAddence proved that in an altercation betAveen the defendant and Wrzeszenski the former, after being seriously wounded by, shot the latter, Avho died about ten days afterward. Whether or not the shooting. Avas the cause of the…
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