State v. Porello

The question before this court is: May the Court of Appeals in a homicide case, two judges concurring, modify a conviction of murder in the first degree entered by the trial court and reduce the conviction to manslaughter, where the court, two judges concurring, rejects the claim of self-defense but finds that the record does not show premeditation requisite for murder in the first degree?

The answer to this question may depend upon the determination of a second question, vis.: Is there any evidence in the record which would establish beyond a reasonable doubt that the appellee was guilty of…