People v. Blackwell , 286 A.D. 951 ( 1955 )

Memorandum: We think on this record it is clear that the defendant acted in self-defense and consequently he should not have been convicted on either count of the indictment. All concur. (Appeal from a judgment of Erie County Court, convicting defendant of the crime of assault, second degree, on two counts.) Present — MeCurn, P. J., Kimball, Piper, Wheeler and Van Duser, JJ.