New York Court of Appeals April 22, 1943 (People v. Katz)

lead-opinion

Finch, J.

Defendant-appellant has been convicted of assault in the second degree.

Many of the essential facts are not in dispute, and the record is substantially as follows. On the evening in question Gunther, the complainant, had entered a bar and grill in search of a woman with whom he had an appointment. Not finding the woman present, Gunther left immediately.