People v. Griffin

New York Court of Appeals

People v. Griffin

80 N.E.2d 666, 298 N.Y. 529

DecidedJune 11, 1948

StatusPublished

This text of 80 N.E.2d 666 (People v. Griffin) 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.

Bluebook

People v. Griffin, 80 N.E.2d 666, 298 N.Y. 529 (N.Y. 1948).

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Opinion

Judgment reversed and indictment dismissed on the ground that on this record defendant’s guilt of manslaughter in the second degree was not established beyond a reasonable doubt. We pass on no other question. No opinion.

Concur: LotjghsaN, Ch. J., Lewis, Desmohd, Thaohee and Dye, JJ. Fuld, J., dissents on the ground that the defendant’s *530 firing the revolver at Ms wife — resulting in her death — without assuring himself that it was not loaded, justified the jury-in finding that defendant was culpably negligent and guilty of manslaughter in the second degree under section 1052 of the Penal Law. Taking no part: CoNway, J.

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Judgment reversed and indictment dismissed on the ground that on this record defendant’s guilt of manslaughter in the second degree was not established beyond a reasonable doubt. We pass on no other question. No opinion.

Concur: LotjghsaN, Ch. J., Lewis, Desmohd, Thaohee and Dye, JJ. Fuld, J., dissents on the ground that the defendant’s *530 firing the revolver at Ms wife — resulting in her death — without assuring himself that it was not loaded, justified the jury-in finding that defendant was culpably negligent and guilty of manslaughter in the second degree under section 1052 of the Penal Law. Taking no part: CoNway, J.

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Bluebook (online)

80 N.E.2d 666, 298 N.Y. 529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-griffin-ny-1948.