Argued May 31, 1939 Decided July 11, 1939 Appeal from the Supreme Court, Appellate Division, Third Department. H.E. Blodgett and Howard Murrin for appellant. Thomas W. Wallace, District Attorney ( Adam Ogonowski of counsel), for respondent. FINCH, J. Defendant was indicted for assault in the first degree, to wit, defendant, with the intent to kill, assaulted one Case with a loaded pistol. The jury returned a verdict of guilty of assault in the second degree with a recommendation of leniency. Defendant
March 26, 1940. Jacob W. Rozinsky, of New York City, for relator. John T. Cahill, U.S. Atty. for Southern District of New York, of New York City (R. Lewis Townsend, Asst. U.S. Atty., of New York City, of counsel), for respondent. HULBERT, District Judge. The relator, Domenico Ciarello, was born at Marina, Province of Catanzaro, Italy, March 25, 1875 and came to the United States June 10, 1901, which was his first and last entry into this country. He was arrested at Patterson, New Jersey, in 1906