262 N.Y. 140
186 N.E 422
Decided May 31, 1933
New York Court of Appeals · decided 1933-05-31
Good law ✅— No negative treatment on recordhow we know
Decided 1933-05-31
Cited by 101 later decisions (2 by the Supreme Court) — most recently November 1983 · most notably Gordon v. United States (1953), 47 Cal. 2d 566 - People v. Riser (1956)
10 federal appellate · 2 district · 83 state decisions — followed in 12 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1 These men were committing robbery. When caught at it, Walsh tried to shoot his way out. He killed while he and his associates were committing a felony. Therefore, I am for affirmance, even though there were slight errors in the charge.
¶2 Concur: Pound, Ch. J., Lehman and O’Brien, JJ. Crane, J., dissents in memorandum. Not sitting: Kellogg and Hubbs, JJ.
¶3 Judgments of conviction reversed, etc.