People v. Flynn

The defendant has been convicted of murder in the first degree.

On the night of January 21, 1940, he entered a bar and grill in the city of New York intending to commit robbery therein. Among the patrons who were in the place at the time were Claude Phelps and Oscar Ryan. Brandishing a revolver, the defendant said: “This is a stick-up. Get in the back.” Ryan was a police officer but was not wearing his uniform. He drew his service revolver which chanced to be unloaded. Thereupon the defendant fired a stray shot and at once backed out of the place. Phelps and officer Ryan followed after him. As…