People v. Gallagher — 174 N.Y. 505

Majority

p. 505

The People of the State of New York, Respondent, v. James G. Gallagher, Appellant.

Headnote

People v, Gallagher, 75 App. Div. 39 , affirmed.

(Argued February 16, 1903;

decided March 3, 1903.)

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 29, 1902, which affirmed a judgment rendered at a Trial Term upon a verdict convicting the defendant of the crime of manslaughter in the first degree and an order denying a motion for a new trial.

Lewis E. Griffith and E. G. Aiken for appellant.

Harry T. Dayton for respondent.

Judgment of conviction affirmed, upon the ground that the evidence against the defendant was so clear and conclusive that the .errors complained of may be safely disregarded

p. 506

under section 542 of the Code of Criminal Procedure; no opinion.'

Concur: Parker, Cli. J., Gray, O’Brien, Bartlett, Haight and Cullen, JJ. Hot voting: Vann, J.

Cases cited

People v. Gallagher 75 App. Div. 39 N.Y. App. Div. p. 505