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People v. Nelson

141 N.Y.S. 1139 Court N.Y. App. Div. Decision date 1913-05-14 English

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p. 1139
PEOPLE v. NELSON.
(Supreme Court, Appellate Division, Third Department.
May 14, 1913.)

Headnote

Appeal from Trial Term, Albany County. Alfred Nelson was convicted of manslaughter in the first degree, and he appeals. Reversed, and new trial ordered. See, also, 140 N. Y. Supp. 1137 . Mahany & Kingston, of Buffalo (Timothy G. Sheehan, of New York City, of counsel), for appellant. Rollin B. Sanford, Dist. Atty., of Albany, for the People.

We think that the defendant was not accorded that fair and impartial trial to which the law entitled him, that the district attorney transcended the bounds of propriety in summing up the case, that the justice presiding failed to admonish him to keep within bounds, and that the error in the charge on the question of motive was not cured by the subsequent remarks of the justice on the request of the district attorney. The judgment of conviction should be reversed, and a new trial ordered.