People v. Bunting

Appellate Division of the Supreme Court of New York

People v. Bunting

243 A.D. 665

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 15, 1935

StatusPublished

This text of 243 A.D. 665 (People v. Bunting) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Bunting, 243 A.D. 665 (N.Y. Ct. App. 1935).

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Opinion

Motion by the People to dismiss appeal of the defendant from an order of the County Court of Broome county dismissing the indictment against defendant for murder in the second degree. The indictment alleges that defendant killed his wife on September 20,1934, by assaulting her with a knife. On November 30, 1934, this indictment was dismissed on motion of the district attorney for reasons specified in the memorandum filed with the court. This memorandum stated that the investigation of the district attorney convinced him that the defendant had murdered his wife while suffering from a major epileptic seizure which prevented him from understanding the nature and quality of his act. The defendant appealed from this order. The appeal by the defendant from such order is not within those authorized by statute. (Code Grim. Proc. § 517.) Motion to dismiss appeal granted. Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffernan, JJ.

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Motion by the People to dismiss appeal of the defendant from an order of the County Court of Broome county dismissing the indictment against defendant for murder in the second degree. The indictment alleges that defendant killed his wife on September 20,1934, by assaulting her with a knife. On November 30, 1934, this indictment was dismissed on motion of the district attorney for reasons specified in the memorandum filed with the court. This memorandum stated that the investigation of the district attorney convinced him that the defendant had murdered his wife while suffering from a major epileptic seizure which prevented him from understanding the nature and quality of his act. The defendant appealed from this order. The appeal by the defendant from such order is not within those authorized by statute. (Code Grim. Proc. § 517.) Motion to dismiss appeal granted. Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffernan, JJ.

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Bluebook (online)

243 A.D. 665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bunting-nyappdiv-1935.