PEOPLE v. KINGSTON


8 N.Y.2d 384 (1960)

The People of the State of New York, Respondent, v. Henry L. Kingston, Appellant.

Court of Appeals of the State of New York.

Decided November 30, 1960.


Attorney(s) appearing for the Case

Edward K. O'Shea for appellant.

Carman F. Ball, District Attorney (James L. Tippett of counsel), for respondent.

Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur with Judge FULD; Chief Judge DESMOND dissents in a separate opinion.


FULD, J.

The defendant, charged with killing his four-year-old foster son, Ronald, was indicted for first degree manslaughter. Convicted after trial of that crime in its second degree, he appealed to the Appellate Division and, following affirmance of the judgment, he was granted permission to appeal to this court.

An autopsy revealed 35 bruises on the child's body inflicted within 24 hours of death and...

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