People v. . Cohen
New York Court of Appeals
Appeal from a judgment of the Supreme Court rendered August 17, 1917, at a Trial Term for the county of Hew Tork, 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 a judgment of the Supreme Court rendered August 17, 1917, at a Trial Term for the county of Hew Tork, 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 judgment must he reversed because the court did not submit any degree of homicide lower than murder in the first degree, as to the appellant — .although it submitted such lower degrees as to the co-defendant Graff, who! was convicted of manslaughter, the evidence as to both defendants- being identical in substance. The court also…
1Opinion of the Court
Andrews, J.:
Upon an appeal from a conviction of murder in the first degree but'two questions- are presented to us. Was the trial fair and was there sufficient evidence to support the verdict ? Does the record disclose material errors which affect the substantial rights of the defendant ? We may not substitute ourselves for the jury. If diverse inferences may properly be drawn from the testimony; if witnesses contradict- each other, or if their character is criticized; if the probability of the stories told by them is questioned; if their interest in the result may influence them, it is for…
2Cases cited9 opinions
- People v. . BeckerNew York Court of Appeals · 1915
- People v. . ElliottNew York Court of Appeals · 1887
- The People v. . HooghkerkNew York Court of Appeals · 1884
- People v. . SwerskyNew York Court of Appeals · 1916
- People v. ZuckerAppellate Division of the Supreme Court of the State of New York · 1897
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