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PEOPLE v. MAY

9 A.D.2d 508 (1960)

The People of the State of New York, Respondent, v. Robert May, Appellant

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

January 28, 1960.

Attorney(s) appearing for the Case

Natalie B. Steinbock for appellant.

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

BOTEIN, P. J., BREITEL, RABIN and M. M. FRANK, JJ., concur.

BERGAN, J.

In a melee which began as a street argument and a fist-fight on Prospect Avenue in The Bronx, George Marshall was stabbed by Samuel Montgomery and died within a short time. Appellant Robert May, who was present and took part in the fist-fight, has been convicted of murder, second degree, on the legal theory that he was a principal in commission of the murder.

To attach responsibility for murder...

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