Appellate Division of the Supreme Court of the State of New York March 4, 1942 (People v. Lanzillo)

Hill, P. J.

Defendant has been convicted in the Saratoga County Court of the crime of manslaughter in the second degree. He was indicted for having caused the death of George Stevens, the indictment stating that on January 8, 1941, defendant “ without a design to effect death, in the heat of passion struck and by means of his fists inflicted divers wounds upon ” Stevens, who was a policeman in