PEOPLE v. SMITH


285 A.D. 590 (1955)

The People of the State of New York, Respondent, v. Mary Smith, Appellant

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

April 13, 1955.


Attorney(s) appearing for the Case

Edward J. Desmond for appellant.

John F. Dwyer, District Attorney (Frederick M. Marshall of counsel), for respondent.

All concur. Present — McCURN, P. J., KIMBALL, PIPER, WHEELER and VAN DUSER, JJ.


Per Curiam.

The appellant was tried upon an indictment charging her with the crime of assault in the second degree in two counts. The first count charged the alleged assault under subdivision 4 of section 242 of the Penal Law "by the use of a blunt instrument likely to produce grievous bodily harm." On this count, appellant was acquitted by the jury. The second count, pursuant to subdivision 3 of said section 242, charged...

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