Opinion
October 8, 1937.
Appeal from Schenectady County Court.
While appellant was being taken in an automobile by a police officer after arrest to the magistrate he got possession of the officer's pistol from the back of the car and when the officer attempted to recover it the gun was discharged and the officer seriously wounded. Judgment of conviction affirmed. Hill, P.J., McNamee and Bliss, JJ., concur; Crapser and Heffernan, JJ., dissent, and vote to reverse the judgment and for a new trial, on the ground that the proof fails to disclose, by evidence beyond a reasonable doubt, that defendant committed any crime.