People v. Fiori
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frank Fiori, from a judgment of the Supreme Court, rendered on the 4th day of ¡November, 1905, after a trial at the Jefferson Trial Term convicting the defendant of the crime of murder in the second degree.
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Appeal by the defendant, Frank Fiori, from a judgment of the Supreme Court, rendered on the 4th day of ¡November, 1905, after a trial at the Jefferson Trial Term convicting the defendant of the crime of murder in the second degree. The defendant was indicted by a grand jury of Jefferson county at a Trial Term of the Supreme Court held in and for said county, in October, 1905, for the crime of murder in the first degree for having on the 3d day of September, 1905, at the city of Water-town, in said county, killed one Charles Gf. Babcock and, as it is alleged, under such circumstances as to…
1Opinion of the Court
Kruse, J.:
■ We all agree that the learned trial justice was right in overruling the defendant’s demurrer to the indictment, and in refusing to sus*176tain his challenge to the panel of jurors. There is, however, a division among us upon other- questions, so -serious and of such a character as to lead to opposite conclusions in the disposition of this appeal.
The three principal characters who figure in this tragedy are Francesco Fiori, Charles G-. Babcock and Thomas J. Moulton. Fiori did the shooting; Babcock was killed, and Moulton was present at the shooting and is the principal witness for the…
2Cases cited10 opinions
- Ruloff v. . the PeopleNew York Court of Appeals · 1871
- People v. . GiblinNew York Court of Appeals · 1889
- La Beau v. . the PeopleNew York Court of Appeals · 1866
- State v. JustusOregon Supreme Court · 1883
- People v. . DorthyNew York Court of Appeals · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- People v. AcevedoNew York Court of Appeals · 1976
- People v. . TomlinsNew York Court of Appeals · 1914
- People v. LigouriNew York Court of Appeals · 1940
- State v. RamosSupreme Court of New Hampshire · 1981
- People v. MooreAppellate Division of the Supreme Court of the State of New York · 1962
16 more not listed; retrieve them via the Exa API.