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PEOPLE v. BYARS

276 A.D. 666 (1950)

The People of the State of New York, Respondent, v. Myrtle C. Byars, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 3, 1950.

Attorney(s) appearing for the Case

Ralph S. Cramer, District Attorney, for respondent.

J. R. Hoover for appellant.

FOSTER, P. J., BERGAN and COON, JJ., concur with HEFFERNAN, J.; BREWSTER, J., dissents, in an opinion.

HEFFERNAN, J.

Defendant was indicted by the Grand Jury of Chemung County for the crime of murder in the second degree. The indictment charged that on the 14th day of August, 1948, she shot and killed her husband with a .22 caliber rifle.

After a trial in the Chemung County Court she was convicted of the crime of manslaughter in the second degree and was thereupon sentenced to be confined in the State prison...

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