People v. Roth

This is an appeal from a judgment of the County Court, Bronx County, convicting the defendant of the crime of murder in the first degree, with recommendation of life imprisonment.

On the record here, it is established beyond a reasonable doubt that the defendant did brutally kill a 10-year-old girl in connection with his rape or attempted rape of her. By way of defense, however, it was urged that the defendant, at the time of the commission of the crime, was insane within the meaning of section 1120 of the Penal Law. The issue as to his alleged insanity was submitted to the jury upon a fair…