252 A.D. 811 | N.Y. App. Div. | 1937
Defendants have appealed from judgments of convictions of the Chemung County Court, for manslaughter in the second degree. There is evidence from wMch the jury might have found that on June 15, 1935, each of the defendants was driving a Chevrolet automobile on South Main street in Elmira, N. Y. and that at the intersection of West Henry street and South Main street these two automobiles crashed into a third. The automobile driven by the defendant Leo Parley then crashed into a tree wMch resulted in the death of Ms wife. There is evidence in the record upon wMch the jury might have found that both cars were traveling at a rate of speed of from forty to sixty-five miles per hour at the time of the collision. The indictments in identical language charge the defendants as follows: “ the grand jury of the county of Chemung by tMs indictment accuse [naming each defendant] of the following crime: Manslaughter in second degree, contrary to the Penal Law of the State of New York,