Fitzgerrold v. . the People
New York Court of Appeals
Writ of error to the supreme court of the second district. Thomas Eitzgerrold, the plaintiff in error, was tried in Westchester county, for the murder of Ellen Hicks.
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Writ of error to the supreme court of the second district. Thomas Eitzgerrold, the plaintiff in error, was tried in Westchester county, for the murder of Ellen Hicks. The Body of the indictment was in the following words: “ The jurors of the people of the State of Hew York, in and for the Body of the county of Westchester, upon their oath and affirmation, do present: That Thomas Eitzgerrold, Michael J. Canty, John Doran, Michael Martin, John C. Burke, and Charles Burke, late of the town of West Chester, in the county of Westchester aforesaid, on the second day of August, in the year of our…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The prisoner alleges that the indictment charges only the offense of murder in the second degree. It does not allege that the killing was from a premeditated design to effect the death of any human being, nor that it was perpetrated by an act imminently dangerous to others, evincing a depraved mind regardless of human life, nor that it was perpetrated in committing the crime of arson in the first degree. The killing is charged to have been by "willfully,…
2Cases cited1 opinion
- People v. EnochCourt for the Trial of Impeachments and Correction of Errors · 1834
3Cited by27 opinions
- State v. PikeSupreme Court of New Hampshire · 1870
- The People v. . ConroyNew York Court of Appeals · 1884
- Cox v. . the PeopleNew York Court of Appeals · 1880
- Cluverius v. CommonwealthSupreme Court of Virginia · 1886
- Holmes v. StateCourt of Criminal Appeals of Oklahoma · 1911
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