Defendant was charged with assault in the third degree (Penal Law, § 244, subd. 1), a misdemeanor, in that on August 5, 1959, he struck one William Walls with his clenched hand. On the trial it appeared that Walls was standing with his dog on a patch of grass adjacent to the curb in front of defendant's house. Defendant's wife called out to Walls through a window, "Curb your dog." Walls replied, "Drop dead." Thereupon defendant, his wife, and his son came out of their...
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