State v. Creste
Superior Court of Delaware
Antonio Creste was indicted (No. 74, March Term, 1913) for murder in the first degree. Verdict, not guilty. At a Court of Oyer and Terminer, in and for New Castle County, beginning March 6, 1913, the prisoner, Antonio Creste. was placed on trial for the murder of Antonio Richardo, alleged to have occurred on December 15, 1912, at Mt. Cuba in Mill Creek Hundred, New Castle County.
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Antonio Creste was indicted (No. 74, March Term, 1913) for murder in the first degree. Verdict, not guilty. At a Court of Oyer and Terminer, in and for New Castle County, beginning March 6, 1913, the prisoner, Antonio Creste. was placed on trial for the murder of Antonio Richardo, alleged to have occurred on December 15, 1912, at Mt. Cuba in Mill Creek Hundred, New Castle County. The following facts, among others, were developed from the testimony: That in the late afternoon of December 15, 1912, just before dark, Antonio Richardo, the son-in-law of the prisoner, and two other Italians were…
1Opinion of the Court
Conrad, J.,
delivering the opinion of the court:
We are of the opinion that if the defendant did receive information from the post office inspector who had investigated the case, and from other sources, from which he believed, and was justified in believing, at the time he committed the fatal act, that the deceased had threatened his life or was a member of a society that made such threats, and the prisoner believed he was then in imminent danger of suffering death or great bodily harm at the hands of the deceased, the information is admissible. It will be for the jury to say whether the…
2Cases cited1 opinion
- State v. WigginsDelaware Court of Oyer and Terminer · 1908