PEOPLE v. TOWNSEL


16 A.D.2d 178 (1962)

The People of the State of New York, Respondent, v. Mary Lee Townsel, Appellant

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

April 11, 1962.


Attorney(s) appearing for the Case

Sigmund Schwartz for appellant.

Carman F. Ball, District Attorney (Irma R. Thorn of counsel), for respondent.

BASTOW, GOLDMAN and McCLUSKY, JJ., concur in Per Curiam opinion; WILLIAMS, P. J., and HALPERN, J., dissent and vote to affirm in an opinion.


Per Curiam.

On August 14, 1960, one Spicer died as a result of stab wounds concededly inflicted upon him by defendant. The principal defense was that the homicide was justifiable upon the ground that defendant was acting in lawful defense of herself. (Penal Law, § 1055.) In such event the burden of going forward with evidence to show justifiableness shifts to the defendant but "the over-all burden of establishing...

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