People v. Elling
The People of the State of New York, Respondent, v. Harold J. Elling, Appellant. (Appeal One); The People of the State of New York, Respondent, v. John W. Bender, Appellant. (Appeal Two)
Subsequent history: aff'd sub nom. Demorest v. City Bank Farmers Trust Co., 321 U.S. 36 (1944). (read from the later opinion; check before relying)
Opinion of the Court
Per Curiam.
The unquestioned evidence is that the defendant Elling shot Skaritza for a reason personal to Elling and unrelated to the robbery and that the defendant Bender tried to prevent the act.
As to the defendant Bender the judgment, so far as appealed from, should be reversed and the second count of the indictment dismissed.
As to the defendant Elling, the judgment of conviction should be affirmed.
Lehman, Ch. J., Loughban, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur.
Judgment accordingly.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 5 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.