(DOWNLOAD) "People State New York v. Jerry Whatley" by Court of Appeals of New York * eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Jerry Whatley
- Author : Court of Appeals of New York
- Release Date : January 12, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Defendant also contends that in view of the uncertain identification testimony of the eyewitness to the killing, the court
could not properly instruct the jury that it could find him guilty of murder either as an accessory or as a principal. Inasmuch
as the indictment charged defendant with murder under an acting in concert theory and there was evidence which, if accepted
by the jury, would support a finding that defendant was either the shooter or the driver of the car, the charge was correct
(see, People v Duncan, 46 N.Y.2d 74; People v Benzinger, 36 N.Y.2d 29).