After a trial in the Supreme Court of Chautauqua County, a jury on April 3, 1947, convicted the defendant of having killed Dorothy Ware in the heat of passion, but in a cruel and unusual manner. Such a homicide is manslaughter in the first degree (Penal Law, § 1050). On an appeal by the defendant, the conviction was reversed by the Appellate Division on the law, since in the opinion of that...
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