People v. Elling
This text of 46 N.E.2d 501 (People v. Elling) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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., Loughban, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur.
Judgment accordingly.
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Cite This Page — Counsel Stack
46 N.E.2d 501, 289 N.Y. 419, 1943 N.Y. LEXIS 1164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-elling-ny-1943.