People v. Cushing

Appellate Division of the Supreme Court of New York

People v. Cushing

263 A.D. 910, 32 N.Y.S.2d 94, 1942 N.Y. App. Div. LEXIS 7331

Appellate Division of the Supreme Court of the State of New York·Decided January 7, 1942·Published

Opinion

Appeal from a judgment of the County Court of Albany County sentencing the appellant to Clinton State Prison for a term of not less than five nor more than ten years upon his conviction by a jury of the crime of manslaughter in the first degree. 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. Present — Hill, P. J., Crapser, Bliss, Schenek and Foster, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from a judgment of the County Court of Albany County sentencing the appellant to Clinton State Prison for a term of not less than five nor more than ten years upon his conviction by a jury of the crime of manslaughter in the first degree. 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. Present — Hill, P. J., Crapser, Bliss, Schenek and Foster, JJ.

People v. Cushing, 263 A.D. 910, 32 N.Y.S.2d 94, 1942 N.Y. App. Div. LEXIS 7331 (N.Y. Ct. App. 1942).

Pincite

263 A.D. 910 (People v. Cushing) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.