People v. Howell

Breitel, J. P.

Defendant Howell has been convicted, after a jury trial, of murder in the second degree, and sentenced for a term of not less than 40 years, nor more than his natural life. *155He appeals from the conviction and urges, among others, two principal grounds for reversal and dismissal of the indictment.

The first ground urged for reversal is that the verdict upon the trial was against the weight of the credible evidence. There is no claim of insufficiency of proof. The second ground urged is that the indictment must be dismissed, because it clearly appears that there was an insufficiency…