People v. . Gilbert
New York Court of Appeals
Appeal from a judgment of the Supreme Court, rendered December 29, 1909, at a Trial Term for the county of Cattaraugus, upon a verdict convicting the defendant of the crime of murder in the first degree. Also, appeal from an order overruling a demurrer to the indictment and from an order denying a motion for a new trial.
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Appeal from a judgment of the Supreme Court, rendered December 29, 1909, at a Trial Term for the county of Cattaraugus, upon a verdict convicting the defendant of the crime of murder in the first degree. Also, appeal from an order overruling a demurrer to the indictment and from an order denying a motion for a new trial. On the 29th of December, 1909, the defendant was convicted of the crime of murder in the first degree upon an indictment charging that on the 22d of August, 1909, at the city of Clean, in the county of Cattaragus; with deliberation and premeditation, he did “kill and murder”…
1Opinion of the Court
Vann, J.:
Upon, the trial it was conceded that Viola Hughes was killed by the discharge of a self-cocking revolver held by the defendant in his right hand. The People claim that the shooting was deliberate and premeditated, while the defendant claims it was accidental and involuntary. The previous relations of the parties, their feelings and actions toward each other and the circumstances immediately surrounding the homicide become important in the effort to discover whether it was an accident or a crime.
On the 22nd of August, 1909, the date of the tragedy, the defendant, a colored man of…
2Cases cited15 opinions
- The People v. . ConroyNew York Court of Appeals · 1884
- People v. McNultyCalifornia Supreme Court · 1892
- People of the State of New York v. . MajoneNew York Court of Appeals · 1883
- Leighton v. . People of the State of New YorkNew York Court of Appeals · 1882
- People v. . FerraroNew York Court of Appeals · 1900
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- People v. BoodleNew York Court of Appeals · 1979
- People v. MarksNew York Court of Appeals · 1959
- People v. . ConrowNew York Court of Appeals · 1911
- State v. KeelerMontana Supreme Court · 1916
- Bostic v. United StatesCourt of Appeals for the D.C. Circuit · 1937
13 more not listed; retrieve them via the Exa API.