PEOPLE v. CLAY


29 A.D.2d 891 (1968)

The People of the State of New York, Respondent, v. Charles Clay, Appellant

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

March 25, 1968


The findings of fact below are affirmed. Defendant was convicted of manslaughter in the first degree. On the trial, the main theory of the defense was that defendant stabbed the decedent only after he was struck by a pipe wielded by the decedent. Evidence was introduced to support this theory. The defense requested the court to charge that, if the jury find that the decedent feloniously attacked defendant, defendant was justified in standing his ground and, if necessary,...

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