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People v. Elling

Court of Appeals of the State of New York
Jan 14, 1943
46 N.E.2d 501 (N.Y. 1943)

Summary

In People v. Elling, 289 N.Y. 419 (N.Y. 1943), for example, the state court of appeals reversed the conviction as to defendant Bender where "[t]he unquestioned evidence [was] 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."

Summary of this case from Williams v. Mantello

Opinion

Argued October 14, 1942 Submitted October 29, 1942

Decided January 14, 1943 Decided January 14, 1943

Appeal from the Supreme Court, Broome County, DEYO, J.

B.H. Chernin for Harold J. Elling, appellant.

Walter J. Relihan for John W. Bender, appellant. Daniel J. McAvoy, District Attorney, for respondent.



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., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ., concur.

Judgment accordingly.


Summaries of

People v. Elling

Court of Appeals of the State of New York
Jan 14, 1943
46 N.E.2d 501 (N.Y. 1943)

In People v. Elling, 289 N.Y. 419 (N.Y. 1943), for example, the state court of appeals reversed the conviction as to defendant Bender where "[t]he unquestioned evidence [was] 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."

Summary of this case from Williams v. Mantello
Case details for

People v. Elling

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HAROLD J. ELLING…

Court:Court of Appeals of the State of New York

Date published: Jan 14, 1943

Citations

46 N.E.2d 501 (N.Y. 1943)
46 N.E.2d 501

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