Opinion
Argued April 11, 1928
Decided May 1, 1928
Appeal from the Supreme Court, County of Erie.
Thomas F. Rogers for appellant.
Walter N. Renwick, District Attorney, for respondent.
Judgment of conviction affirmed.
POUND, CRANE and ANDREWS, JJ., vote to affirm upon the ground that the error in the charge as to the burden of proof upon the issue of self-defense may be disregarded under section 542 of the Code of Criminal Procedure, and O'BRIEN, J., upon the ground there is no evidence in the record presenting an issue as to self-defense; CARDOZO, Ch. J., LEHMAN and KELLOGG, JJ., dissent upon the ground that such error may not be disregarded.