Judgment reversed on the law, information dismissed and fine remitted.
The findings of fact below have not been considered. Defendant was charged with assault in the third degree (Penal Law, § 244, subd. 1), a misdemeanor, in that on August 4, 1959, he struck one Frank Lankenau with his fists. On the trial it appeared that Lankenau was approaching his place of business when defendant's associate handed him some literature regarding a forthcoming election being...
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