Summary
In People v. McDonald (1888), 49 Hun. (56 N.Y.) 67, 1 N.Y. Supp. 703, it was held that on an indictment for manslaughter in producing the death of an infant child under the age of one year by committing the misdemeanor defined in the penal code, in wilfully omitting, without lawful excuse, to furnish food and clothing, etc., for such child, a conviction could be had for the misdemeanor, that being an offense the commission of which was necessarily included in the crime charged in the indictment.
Summary of this case from Kleopfer v. StateOpinion
Argued January 31, 1888
Decided February 28, 1888
Charles S. Lester for appellant.
C.M. Parke for respondent.
Agree to reverse order of General and Special Terms, and to grant motion on dissenting opinion of LEARNED, J., below.
All concur.
Ordered accordingly.