Ruloff v. . the People
New York Court of Appeals
Error to the General Term of the Supreme Court in the Third department from the judgment of that court affirming the conviction of the plaintiff in error of the crime of murder in the first degree by the Court of Oyer and Terminer in the county of Broome.
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Error to the General Term of the Supreme Court in the Third department from the judgment of that court affirming the conviction of the plaintiff in error of the crime of murder in the first degree by the Court of Oyer and Terminer in the county of Broome. The plaintiff in error was indicted and convicted of the murder of Frederick A. Merrick, at Binghamton, on the 17th' day of August, 1870. The deceased was a clerk in a store in the city of Binghamton, and, with a fellow-clerk (Burrows), slept in the store. They were awakened, on the night of the homicide, about two o’clock, and discovered…
1Opinion of the Court
Allen. J.
The jury have, by their verdict, found that the homicide was committed either- by the accused in person or by some one acting in concert with him in the commission of a felony, and in the prosecution and furtherance of a common purpose and dqsign.
It must be assumed, from the finding of the jury, that the prisoner was one of the three persons who burglariously entered the store on the night of the homicide; that Merrick was killed by one of the burglars, in pursuance of the common intent of all; and that the accused either fired the shot which caused the death, or was present, aiding…
2Cases cited2 opinions
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3Cited by129 opinions
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- Ashton v. AndersonIndiana Supreme Court · 1972
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