People v. Ludkowitz

The appellant has been convicted of the crime of murder in the first degree under an indictment charging that on July 5, 1934, he “ wilfully, feloniously and of malice aforethought, shot Benjamin Simon with a revolver, inflicting upon the said Benjamin Simon injuries as a result of which he died on July 6, 1934.”

The homicide occurred in front of a restaurant at 49 Humboldt street in the borough of Brooklyn. At about nine-thirty o’clock in the evening the deceased drove up to the restaurant in his automobile, got out and took a chair facing the restaurant with his back to the curb. Two other…