People v. Preston

The charge is manslaughter. The defense is that the blows struck neither caused death nor were a competent producing cause of death. In short, the defendant contends that the victim died of natural causes in a hospital after his admission thereto following the alleged assault. I am satisfied that such an issue exists in this case. Without such a preliminary determination, defendant would not be entitled to the relief sought.

The defendant has retained as an expert a pathologist. He contends that the pathologist cannot furnish him with expert assistance nor can his counsel prepare for…