Summary
In People v. Elling, 289 N.Y. 419 (N.Y. 1943), for example, the state court of appeals reversed the conviction as to defendant Bender where "[t]he unquestioned evidence [was] that the defendant Elling shot Skaritza for a reason personal to Elling and unrelated to the robbery and that the defendant Bender tried to prevent the act."
Summary of this case from Williams v. MantelloOpinion
Argued October 14, 1942 Submitted October 29, 1942
Decided January 14, 1943 Decided January 14, 1943
Appeal from the Supreme Court, Broome County, DEYO, J.
B.H. Chernin for Harold J. Elling, appellant.
Walter J. Relihan for John W. Bender, appellant. Daniel J. McAvoy, District Attorney, for respondent.
The unquestioned evidence is that the defendant Elling shot Skaritza for a reason personal to Elling and unrelated to the robbery and that the defendant Bender tried to prevent the act.
As to the defendant Bender the judgment, so far as appealed from, should be reversed and the second count of the indictment dismissed.
As to the defendant Elling, the judgment of conviction should be affirmed.
LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ., concur.
Judgment accordingly.