Willis v. People
New York Supreme Court
The prisoner was indicted for the murder of Mary E. Phelan, and pleaded not guilty. The trial took place at the Ulster Oyer and Terminer, in March, 1864, Mr. Justice Peckham, presiding. The killing of Mrs. Phelan by the prisoner on the 9th of April, 1863, near Ellenville, in the county of Ulster, was clearly proved. Her death was caused by cutting her throat with a knife.
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The prisoner was indicted for the murder of Mary E. Phelan, and pleaded not guilty. The trial took place at the Ulster Oyer and Terminer, in March, 1864, Mr. Justice Peckham, presiding. The killing of Mrs. Phelan by the prisoner on the 9th of April, 1863, near Ellenville, in the county of Ulster, was clearly proved. Her death was caused by cutting her throat with a knife. The physician who examined the deceased after death testified: “ The wound was in her neck, from .ear to ear, cutting the blood vessel, esophagus, the trachea, both jugular veins, the external and internal carotid arteries,…
1Opinion of the Court
By the court, Ingalls, J.
Two questions are presented for consideration. One arises upon the charge of Justice Peck-ham, and the portion excepted to is as follows: “ That a man is not insane who knows right from wrong; who knows the act he is committing is a violation of law and wrong m itself.” In giving effect to that branch of the charge, it is proper to consider other portions which accompanied it. The learned justice charged the jury as follows: “A person is not insane, surely, who knows right from wrong, and who knows that the act he is committing is a violation of law and is wrong in…
2Cases cited1 opinion
- People v. TownsendNew York Supreme Court · 1799
3Cited by1 opinion
- People v. GaffneyThe Superior Court of New York City · 1872