People v. . Driscoll
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 20,1887, which affirmed a judgment of the Court of General Sessions, in and for the city and county of Yew York, entered 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.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 20,1887, which affirmed a judgment of the Court of General Sessions, in and for the city and county of Yew York, entered 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. It was error to receive evidence of what McCarthy said and did when confronted with the deceased, in Driscoll’s absence, some time subsequent to the shooting. (Greenfield v. People, 85 N. Y. 88; People v.…
1Opinion of the Court
Ruger, Ch. J.
The questions involved in this appeal are so fully and satisfactorily discussed in the opinion of Babtlett, J., at General Term, that it is unnecessary to go much into detail, in giving our reasons for affirming the judgment of the court below. In capital cases, however, it has been the custom of this court to state with some particularity, the grounds upon which its decision is based, although it may involve, to some extent, a repetition of the views expressed by other courts.
The record in this case shows that the defendant was tried September 27, 1886, in the Court of General…
2Cases cited4 opinions
- Waldele v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1884
- O'Brien v. . the PeopleNew York Court of Appeals · 1867
- Wilke v. . People of the State of N.Y.New York Court of Appeals · 1873
- People v. . JonesNew York Court of Appeals · 1887
3Cited by17 opinions
- People v. RomeroNew York Court of Appeals · 2006
- People v. . SmithNew York Court of Appeals · 1902
- People v. LeyraNew York Court of Appeals · 1956
- People v. . FishNew York Court of Appeals · 1891
- People v. . LeonardiNew York Court of Appeals · 1894
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