New York Court of Appeals, 1948

People v. Griffin

New York Court of Appeals · Decided June 11, 1948 · Desmohd, Dye, Fuld, Lewis, LotjghsaN, Thaohee

80 N.E.2d 666; 298 N.Y. 529 (North Eastern Reporter, Second Series)

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.