PEOPLE v. MILLER


6 N.Y.2d 152 (1959)

The People of the State of New York, Respondent, v. Woodrow Miller, Appellant.

Court of Appeals of the State of New York.

Decided May 29, 1959.


Attorney(s) appearing for the Case

Solomon A. Klein and Samuel Goldstein for appellant.

Edward S. Silver, District Attorney (William I. Siegel of counsel), for respondent.

Judges DESMOND, FULD, FROESSEL and VAN VOORHIS concur with Judge BURKE; Judge DYE dissents in an opinion; Chief Judge CONWAY taking no part.


BURKE, J.

Joseph Graber, an operator of a retail liquor store in Brooklyn, was killed by one blast from a shotgun during an attempted robbery of the liquor store. The defendant and one James A. Jordan were indicted and tried for the crime. At the trial it was established that defendant fired the fatal shot.

The jury returned verdicts of guilty of the crime of...

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