PEOPLE v. WOOD


10 A.D.2d 231 (1960)

The People of the State of New York, Respondent, v. Ernest Wood, Appellant

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

March 30, 1960.


Attorney(s) appearing for the Case

Valent & Callanan (John P. Callanan of counsel), for appellant.

Liston F. Coon, District Attorney, for respondent.

BERGAN, P. J., COON and GIBSON, JJ., concur with REYNOLDS, J.; HERLIHY, J., dissents, in an opinion, and votes to affirm.


REYNOLDS, J.

Defendant was indicted for assault in the second degree, the indictment stating: "The said defendant, in the County of Schuyler, on or about the 24th day of December, 1957, assaulted Helen Woolever and Roger Woolever with a shot gun, an instrument or thing likely to produce grievous bodily harm, by aiming said gun in their direction, with the threat to shoot."

The defendant has been separated...

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