People v. MacDonald — 135 N.Y.S. 1133

Majority

p. 1133

PEOPLE, Respondent, v. MacDONALD, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

May 22, 1912.)

Headnote

Proceeding by the People of the State of New York against Raymond MacDonald.

Judgment of County Court and judgment of Court of Special Sessions reversed, on the ground that the court committed reversible errors in the exclusion of evidence offered on the part of the defendant for the purpose of showing that he did not willfully drive his automobile against the horse of Van Ness.

McLennan, P. J„ and ROBSON, J., dis-j sent. I

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HOUGHTON and BETTS, JJ., concur, on the further ground that the defendant was not proved to have been engaged in a game of chance.