MATTER OF MASTEN


276 A.D. 252 (1949)

In the Matter of Clayton H. Masten, an Alleged Delinquent Child The People of the State of New York, Respondent; Clayton H. Masten, by His Guardian ad Litem, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 29, 1949.


Attorney(s) appearing for the Case

Emmett A. Glynn and Charles P. Caputo for appellant.

Allen H. Pulsifer, District Attorney, for respondent.

BREWSTER and DEYO, JJ., concur with SANTRY, J.; FOSTER, P. J., dissents, in an opinion in which BERGAN, J., concurs.


SANTRY, J.

On the afternoon of May 28, 1949, the appellant Masten, who was then of the age of fifteen years and nine months, was hunting crows with a companion of about his own age in a woodlot owned by his grandfather. Each boy was armed with a .22 calibre rifle loaded with long rifle, hollow point bullets. As Masten and his companion were returning home they came upon a small pond. This pond was controlled by a dam about thirty-five feet long, built...

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