Judgment reversed, on the law, and case remitted to Criminal Term for a new trial on the charge of criminally negligent homicide.
Defendant was indicted for manslaughter in the second degree. The jury was charged as to the manslaughter, and, also, at the request of the prosecution, criminally negligent homicide as a lesser included offense. The jury acquitted defendant of manslaughter, but found him guilty of criminally negligent homicide. Defendant's arguments to...
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