New York Court of Appeals

The People of the State of New York v. . Edward F. McGrath

October 3, 1911202 N.Y. 445

Summary

The Court reversed the conviction for murder in the first degree and remanded the case to enter judgment of murder in the second degree, holding that a defendant may withdraw a motion to set aside a verdict before the court decides it and that a prior conviction of the lesser homicide bars a subsequent prosecution for the greater offense under the double‑jeopardy guarantee.