Judgment reversed upon the law and the facts, fine remitted, and a new trial ordered.
In our opinion, the verdict was against the weight of the evidence. The proof was sufficient to warrant a finding that, within the meaning of subdivision 3 of section 242 of the Penal Law, defendant inflicted "grievous bodily harm" upon the deceased by kicking her in the abdomen with such force as to rupture her liver, which resulted in her death. We find no evidence, however, that...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
