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PEOPLE v. OLIVER

1 N.Y.2d 152 (1956)

The People of the State of New York, Respondent, v. Louis Oliver, Appellant.

Court of Appeals of the State of New York.

Decided April 26, 1956.

Attorney(s) appearing for the Case

Thomas Keogh, John J. Ryan and Joseph L. Maged for appellant.

Daniel V. Sullivan, District Attorney (Albert A. Blinder and Walter E. Dillon of counsel), for respondent.

DESMOND, DYE, VAN VOORHIS and BURKE, JJ., concur with FULD, J.; FROESSEL, J., dissents only as to the dismissal of the indictment and votes to order a new trial in an opinion in which CONWAY, Ch. J., concurs.

FULD, J.

On April 3, 1945, defendant, then 14 years old, killed his two-year-old brother, and a week later he was indicted by the Grand Jury of Bronx County for murder in the first degree. He pleaded not guilty and shortly thereafter — following a report from Bellevue Hospital that he was "in such a state of * * * insanity as to be incapable of understanding the charge against him or the proceedings or...

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