June 17, 1938. Appeal from County Court of Queens County. Bernard H. Fitzpatrick, for the appellant. John H.W. Krogmann, Assistant District Attorney [ Charles P. Sullivan, District Attorney, with him on the brief], for the respondent. Present — LAZANSKY, P.J., DAVIS, JOHNSTON, ADEL and TAYLOR, JJ. PER CURIAM. Defendant was convicted, in the County Court of Queens county, of assault in the second degree under an indictment charging him with shooting a woman with a loaded pistol with intent to kill;
No. 2767. August 27, 1925. Sumner Panzarella, of Buffalo, N.Y., for relator. Richard H. Templeton, U.S. Atty., of Buffalo, N.Y. (Leland G. Davis, of Buffalo, N.Y., of counsel), for the United States. Habeas Corpus. Application for writ by the United States, on the relation of Santino Morlacci, against Shirley D. Smith, District Director of Immigration. Writ dismissed, and relator remanded to custody of the Department of Labor, for execution of warrant of deportation. HAZEL, District Judge. The relator
No. M-268. November 20, 1930. Samuel W. Salus, of Philadelphia, Pa., for relator. Charles M. Bolich, Asst. U.S. Atty., of Allentown, Pa., for respondents. Habeas corpus by the United States, on the relation of Joseph Shladzien, against the Warden of the Eastern State Penitentiary and another. Decree remanding relator to custody of Commissioner of Immigration for execution of deportation order. DICKINSON, District Judge. A ruling in this case has awaited the filing of briefs. This cause presents features
An information charged the accused in the first count with an assault with intent "to maim or disfigure," and in the second with committing an "aggravated assault with a deadly and dangerous weapon." There was only one assault, and a general verdict of guilty was returned. Held that the trial court properly imposed a single penalty which was appropriate to a conviction upon either count. It is never a sufficient reason for the exclusion of pertinent evidence, that it may also be susceptible of a