New York Court of Appeals

The People of the State of New York, Respondent v. Lee H. Allen, Appellant

December 29, 1949300 N.Y. 222

Summary

The Court reversed the manslaughter conviction and dismissed the indictment because the trial court erred in admitting both the wife's accusatory statements and her alleged dying declaration as evidence. The majority held that neither statement met the established hearsay exceptions. Justice Lewis dissented, agreeing on the admissions error but contending the dying declaration was admissible and would have affirmed the conviction.