People v. Lazar

■ Hubbs, J.

In the indictment the appellant is charged with the crime of murder in the first degree in the following language: “ The defendant on August 12, 1933, in the County of Kings, wilfully, feloniously and of malice aforethought, shot and killed Morris Saskowitz, with a revolver.”

The appellant made a written confession which was received in evidence in which he stated that in an attempt to compel the deceased to pay a claim, he assaulted the deceased by striking him on the head with the butt of a revolver. The deceased seized a shovel with which to defend himself and in the affray the…