PEOPLE v. HOWELL


3 A.D.2d 153 (1957)

The People of the State of New York, Respondent, v. William Howell, Appellant

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

January 22, 1957.


Attorney(s) appearing for the Case

Jacob W. Friedman of counsel (Irving Greenberg with him on the brief; James D. C. Murray, attorney), for appellant.

Walter E. Dillon of counsel (Daniel V. Sullivan, District Attorney, Bronx County), for respondent.

RABIN and FRANK, JJ., concur with BREITEL, J. P.; BOTEIN, J., concurs in the result in opinion; VALENTE, J., dissents and votes to reverse and dismiss the indictment in opinion.


BREITEL, J. P.

Defendant Howell has been convicted, after a jury trial, of murder in the second degree, and sentenced for a term of not less than 40 years, nor more than his natural life. He appeals from the conviction and urges, among others, two principal grounds for reversal and dismissal of the indictment.

The first ground urged for reversal is that the verdict...

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