Order unanimously reversed, on the law and facts, and indictment reinstated.
Memorandum:
The defendant Bernard Underwood was charged with murder in connection with the death of one James McBride which occurred on May 9, 1971. In the People's direct case it was shown that the defendant admitted to his aunt that he had shot a man but that it was accidental. The physical facts belied the excuse of accident and there was, therefore, sufficient evidence to submit...
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