People v. Griffin

New York Court of Appeals June 11, 1948

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

298 N.Y. 529

Desmohd, Dye, Fuld, Lewis, LotjghsaN, Thaohee

Opinion of the Court

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.

Reference

Full Case Name: The People of the State of New York, Respondent, v. Edward L. Griffin, Appellant
Status: Published