People v. Rapito — 241 N.Y. 593

Majority

p. 593

The People of the State of New York, Respondent, v. Luigi Rapito, Appellant.

Headnote

Crimes — murder in first degree — judgment of conviction affirmed.

(Argued November 30, 1925;

decided December 15, 1925.)

Appeal from a judgment of the Supreme Court, rendered September 18, 1924, at a Trial Term for the county of Cayuga, upon a verdict convicting the defendant of the crime of murder in tfie first degree.

Frank S. Coburn and Richard T. Anderson for appellant. Bern Kenyon, District Attorney, for respondent.

Judgment of conviction affirmed; no opinion.

p. 594

Concur: Cabdozo, Pound, McLaughlin, Cbane and Andeews, JJ.; Hiscock, Ch. J., and Lehman, J., dissent on the ground that the evidence did not justify the jury in finding premeditation and deliberation beyond a reasonable doubt.