People v. . Willson
New York Court of Appeals
Appeal from judgment of the Court of Oyer and Terminer in and for the county of Orleans, entered upon a verdict convicting the defendant of the crime of murder in the first degree. The material facts are stated in the opinion. The evidence is insufficient, and justice requires a new trial. (Code of Crim.
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Appeal from judgment of the Court of Oyer and Terminer in and for the county of Orleans, entered upon a verdict convicting the defendant of the crime of murder in the first degree. The material facts are stated in the opinion. The evidence is insufficient, and justice requires a new trial. (Code of Crim. Pro. § 528.) Section 528 of the Code of Criminal Procedure, as construed by the court, does not exempt the party accused of murder in the first degree from the duty of presenting the usual and ordinary questions arising on a trial of a case, in the form and manner heretofore pursued in the…
1Opinion of the CourtEarl, J.
The defendant was indicted for murdering his wife at Albion, in this state, on the 19th day of January, 1887. He was tried, convicted and sentenced to be hung. He then appealed directly to this court, under section 517 of the Code of Criminal Procedure, as amended by chapter 493 of the Laws of 1887. Under section 528, as amended, this court is authorized'to order a new trial, “if it be satisfied that the verdict was against the weight of evidence, or against law, or • that justice requires a new trial, whether any exceptions shall have been taken or not in the court below.”
The defendant was…
2Cases cited7 opinions
- Commonwealth v. PiperMassachusetts Supreme Judicial Court · 1876
- Davis v. StateCourt of Appeals of Maryland · 1873
- State v. KnightSupreme Judicial Court of Maine · 1857
- Kennedy v. . the PeopleNew York Court of Appeals · 1868
- Greenfield v. . PeopleNew York Court of Appeals · 1878
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3Cited by20 opinions
- People v. MussendenNew York Court of Appeals · 1955
- People v. BoettcherNew York Court of Appeals · 1987
- People v. ColeCalifornia Supreme Court · 1956
- State v. SawtelleSupreme Court of New Hampshire · 1891
- People v. . McDonaldNew York Court of Appeals · 1899
15 more not listed; retrieve them via the Exa API.