People v. Parody

The sole question presented upon this appeal is whether the defendant killed, that is, caused the death of George Lavanway within the meaning of the sections of the Penal Law defining manslaughter in the second degree (§§ 1052 and 1042).

On the 14th day of November, 1935, George C. Lavanway was standing behind a small delivery truck which was parked on the right-hand side of a street in the city of Watertown. The defendant *270was driving a motor car. There is an abundance of evidence that he was drunk. He was driving near the center of the street, going in the same direction that Lavanway’s truck…