PEOPLE v. KING


19 A.D.2d 656 (1963)

The People of the State of New York, Appellant, v. Mack King, Respondent

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

June 24, 1963


Order affirmed on the opinion of the court below.

Beldock, P. J., dissents and votes to reverse the order and to deny the motion to dismiss the indictment, with the following memorandum:

The indictment accused Nealy, Caldwell and the respondent King of the crime of murder "with a loaded rifle". In my opinion, the evidence before the Grand Jury was sufficient, if uncontradicted, for a petit jury to convict King. The evidence showed that: (1) About...

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