PEOPLE v. HORTON


308 N.Y. 1 (1954)

The People of the State of New York, Respondent, v. Norman L. Horton, Appellant.

Court of Appeals of the State of New York.

Decided December 2, 1954


Attorney(s) appearing for the Case

Judson R. Hoover, Charles Swan and Osco W. Peterson for appellant.

Ralph S. Cramer, District Attorney, for respondent.

CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur with LEWIS, Ch. J.; VAN VOORHIS, J., dissents in an opinion and votes to reverse and to grant a new trial.


LEWIS, Ch. J.

At 4:30 in the morning of May 24, 1953, while Mr. and Mrs. Ray E. Horton were asleep at their home in the Town of Southport, Chemung County, New York, she was awakened by a cry from her husband — "There is a knife in me; put the light on." Failing to convince him that he was dreaming, Mrs. Horton turned on the light and observed him making an effort to raise himself from the bed with his right...

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