People v. . Cascone
New York Court of Appeals
Appeal from a judgment of the Court of General Sessions of the Peace in the city of Hew York, rendered October 28, 1903, upon a verdict convicting the defendant of the crime of murder in the first degree. The facts, so far as material, are stated in the opinion. The writings of the deceased in the Hudson Street Hospital were incompetent and prejudicial to the defendant. They were improperly admitted under objection and exception.
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Appeal from a judgment of the Court of General Sessions of the Peace in the city of Hew York, rendered October 28, 1903, upon a verdict convicting the defendant of the crime of murder in the first degree. The facts, so far as material, are stated in the opinion. The writings of the deceased in the Hudson Street Hospital were incompetent and prejudicial to the defendant. They were improperly admitted under objection and exception. (People v. Smith, 172 N. Y. 210.) All that transpired at the bedside of the dying man in the presence of the coroner, the policeman and the defendant on the day…
1Opinion of the CourtVann, J.
The defendant and his brother, Dominico Cascone, were jointly indicted for the murder of Tirigi Sinischalchi on the 9th of June, 1903, at the borough of Manhattan, by inflicting a gunshot wound upon him, of which he died ten days later. The defendant was tried and convicted of murder in the first degree, but his brother fled and was never taken. At the time of the homicide the defendant was thirty-seven years old, of large size and great strength, while his brother, aged twenty-eight, was small and weak.
Two persons were shot at the same time and by the same person, Sinischalchi, for whose…
2Cases cited4 opinions
- People v. . KoernerNew York Court of Appeals · 1897
- People v. . SmithNew York Court of Appeals · 1902
- The People v. . CrapoNew York Court of Appeals · 1879
- Van Bokkelen v. . BerdellNew York Court of Appeals · 1891
3Cited by48 opinions
- People v. SchwartzmanNew York Court of Appeals · 1969
- People v. DawsonNew York Court of Appeals · 1980
- People v. LouridoNew York Court of Appeals · 1987
- People v. RodriguezNew York Court of Appeals · 1975
- People v. RutiglianoNew York Court of Appeals · 1933
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