PEOPLE v. KELLY


302 N.Y. 512 (1951)

The People of the State of New York, Respondent, v. Edward H. Kelly, Appellant.

Court of Appeals of the State of New York.

Decided June 1, 1951


Attorney(s) appearing for the Case

Whitman Knapp, Jack B. Weinstein and Guido J. Napoletano for appellant.

Louis G. Bruhn, District Attorney (Vincent G. Connelly of counsel), for respondent.

LOUGHRAN, Ch. J., FULD and FROESSEL, JJ., concur with CONWAY, J.; LEWIS, J., dissents in opinion in which DESMOND and DYE, JJ., concur.


CONWAY, J.

On Main Street in the center of the city of Kingston at nine o'clock of a bright, clear Monday morning, the defendant shot and killed one Elouise McHugh with a hunting rifle with which he then shot himself in the head. The acts were committed in the presence of a number of persons. The defendant, who testified in his own behalf, did not deny the killing. He testified that he had no recollection of what...

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