People v. Carter

Goldman, J. (dissenting)

Defendant was indicted for assault, first degree, on the charge that he had stabbed his wife several times with a butcher knife. The jury returned a verdict of guilty of assault in the second degree. The principal witnesses at the trial were the wife and the defendant. The wife testified that the defendant had the knife concealed under his pillow and during a quarrel jumped out of bed and committed the assault. The defendant sharply denied this and maintained that his wife attacked him while he was in bed, that she had the knife in her hand at the time, and that in…