The following excerpt is from People v. Seiler, 158 N.E. 615, 246 N.Y. 262 (N.Y. 1927):
In People v. Koerber, supra, a majority of this court found that the evidence presented a situation where the jury might be justified in finding under the evidence that the defendant, tried under a common-law form of indictment upon a charge of murder while engaged in the commission of a felony, was guilty of some degree of murder or manslaughter, though the homicide did not occur while the defendant was committing a felony. We did not modify or limit the rule announced in our earlier decisions. We applied that rule to the particular evidence there placed before the jury. That evidence concededly established that the defendant himself had fired the death-bearing bullets, and showed other circumstances which might justify a verdict of guilty of murder in the second degree or of manslaughter.
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