Opinion
January 7, 1942.
Appeal from County Court of Albany County.
Present — Hill, P.J., Crapser, Bliss, Schenck and Foster, JJ.
The evidence shows that the appellant and a man named Weisel assaulted James Mahar and knocked him down and that he died of a broken neck and fractured skull. An eyewitness to the affray positively identified the appellant as one of Mahar's assailants. We find in the record no error which would warrant a reversal of the judgment. Judgment of conviction unanimously affirmed.