People v. Nitzberg

Lehman, Ch. J.

The defendant was indicted for murder in the first degree for the killing of Albert Shuman on January 9, 1939. The indictment was filed on July 2,1940, and the defendant pleaded not guilty on July third. He was tried in May, 1941, found guilty by the jury and sentence of death was pronounced on June second. Upon appeal to this court the judgment of conviction was reversed on December 4, 1941. A motion for reargument made by the District Attorney was denied in February, 1942. He was again tried upon the same indictment and now appeals from the judgment of conviction rendered…