People v. . Dinser
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered Uovemher 8, 1907, which reversed a judgment of the Court of General Sessions of the Peace in the county of Uew York rendered upon a verdict convicting the defendant of the crime of murder in the second deg'ree. The facts, so far as material, are stated in the opinion. There was sufficient evidence to prove intent.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered Uovemher 8, 1907, which reversed a judgment of the Court of General Sessions of the Peace in the county of Uew York rendered upon a verdict convicting the defendant of the crime of murder in the second deg'ree. The facts, so far as material, are stated in the opinion. There was sufficient evidence to prove intent. (People v. Schuyler, 106 N. Y. 298.) On the evidence in this case it was proper to submit the question of malice or intent to the jury. (Rex v. Maloney, 9 Cox C. C. 6;…
1Opinion of the CourtWerner, J.
For the purposes of this appeal we need not dwell at length upon the story of the tragedy which had its sequel in the indictment of the defendant for the crime of murder in the first degree, and his conviction of murder in the second degree. Upon defendant’s appeal from the judgment of conviction the learned Appellate Division decided that he was entitled to a new trial and we concur in that conclusion, but upon different grounds. The order reversing the judgment of conviction recites that it is based wholly upon questions of law; that the facts have been examined and no error found therein.…
2Cited by10 opinions
- Commonwealth v. Samuel JonesSupreme Court of Pennsylvania · 1946
- People v. MonacoNew York Court of Appeals · 1964
- People v. . SanducciNew York Court of Appeals · 1909
- People v. MayNew York Court of Appeals · 1943
- People v. SangaminoNew York Court of Appeals · 1932
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