People v. Thomas

Judgment of the Supreme Court, Kings County, rendered June 20, 1966, affirmed. Defendant was indicted for one count of manslaughter in the first degree and two counts of assault in the second degree, all of which arose out of the same act. Although it clearly appeared that the victim died of the wound inflicted, the trial court, without objection or exception, submitted *987all the counts to the jury, which acquitted defendant of the manslaughter charge but found her guilty of the assault charges. Since it is conceded that “ the act complained of ” was “ proven to be the cause of death ”,…