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PEOPLE v. HIGGINS

5 N.Y.2d 607 (1959)

The People of the State of New York, Respondent, v. Thomas J. Higgins, Appellant.

Court of Appeals of the State of New York.

Decided April 17, 1959.

Attorney(s) appearing for the Case

Arthur Karger for appellant.

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

Judges DESMOND, FULD and VAN VOORHIS concur with Judge FROESSEL; Judge BURKE concurring for reversal in a separate opinion in which Judges FROESSEL and VAN VOORHIS concur only insofar as it concerns the failure to charge the law regarding the effect of intoxication; Judge DYE dissents in a separate opinion; Chief Judge CONWAY dissents and votes to affirm.

FROESSEL, J.

Defendant, a 22-year-old epileptic, was convicted of murder in the first degree and sentenced to death. He was charged with causing the death, on the night of April 17, 1957, of Patricia Ruland, a girl of 19, by striking her face and head with a hammer at least 19 times while they were seated together in the rear seat of his automobile in the County of Kings.

On his arraignment, he entered...

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