PEOPLE EX REL. EPTING v. DE VOE


284 A.D. 1092 (1954)

The People of the State of New York ex rel. Robert K. Epting, Respondent, v. Wesley De Voe, as Acting Sheriff of County of Saratoga, Appellant

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

December 28, 1954.


The facts are simple and without substantial dispute. The defendant was indicted in one indictment containing two counts, the first charging manslaughter in the second degree, and the second for assault in the second degree. The trial started in County Court on February 23, 1954, with the defendant represented by counsel and a trial associate. The first day was consumed drawing a jury. The court convened at 10:00 o'clock the next day. After openings of counsel, one witness...

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