People v. Murdaugh

• Decision Date: 13 November 1958
• Citation: 155 N.E.2d 119,5 N.Y.2d 812,181 N.Y.S.2d 208
• Parties: , 155 N.E.2d 119 PEOPLE, Respondent, v. Edgar MURDAUGH, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 208

181 N.Y.S.2d 208

5 N.Y.2d 812, 155 N.E.2d 119

PEOPLE, Respondent, v. Edgar MURDAUGH, Appellant.

Court of Appeals of New York.

Nov. 13, 1958.

Appeal from Supreme Court, Appellate Division, Second Department, 6 A.D.2d 695, 174 N.Y.S.2d 889.

Defendant was convicted of first degree murder, with recommendation that he be imprisoned for the term of his natural life. The County Court, Kings County, Samuel S. Leibowitz, J., entered judgment of conviction, and the defendant appealed.

The Appellate Division unanimously affirmed the judgment.

The defendant appealed to the Court of Appeals, and motion was made in the Court of Appeals to have the appeal heard on seven copies of the record before the Appellate Division and for assignment of counsel.

The Court of Appeals, 4 N.Y.2d 1038, 177 N.Y.S.2d 690, granted motion to have the appeal heard on seven copies of the record before the Appellate Division and for assignment of counsel, and assigned Benjamin Groberg, Brooklyn, as counsel for defendant on appeal, and set the case down for argument during the first fall, 1958, session of the Court of Appeals.

The defendant contended on appeal to the Court of Appeals that evidence of attempted robbery was not sufficient, as a matter of law, to warrant submission of the charge of first degree murder and was not sufficient to establish the guilt of the defendant beyond a reasonable doubt.

Benjamin Groberg, Brooklyn, for appellant.

Edward S. Silver, Dist. Atty., Kings County, Brooklyn (William I. Siegel, Asst. Dist. Atty., Brooklyn, of counsel), for respondent.

Judgment affirmed.

All concur.