People v. O'Connell
New York Supreme Court
Appeal from court of general sessions, New York county. Indictment against John O’Connell for assault in the first degree. Defend-, ant appeals from a judgment convicting him, on his plea of guilty, of an attempt to commit assault in the first degree.
1Opinion of the CourtDaniels, J.
The defendant was indicted for feloniously making an assault with an axe upon Thomas Daly, and striking, beating, cutting, and wounding him, and thereby intending to kill him; and he was permitted, with the assent of the district attorney, to plead guilty of an attempt to make such assault, and was thereupon sentenced to imprisonment in the state-prison for the term of five years. If he had been convicted of the offense charged, his imprisonment would be not less than five nor more than ten years. Pen. Code, § 220. And for the attempt to commit the crime charged he was punishable for not more…
2Cases cited5 opinions
- People v. . MoranNew York Court of Appeals · 1890
- People v. MurrayCalifornia Supreme Court · 1859
- McDade v. PeopleMichigan Supreme Court · 1874
- People v. RyanNew York Supreme Court · 1889
- People v. MoranNew York Supreme Court · 1889
3Cited by9 opinions
- People v. . SullivanNew York Court of Appeals · 1903
- Kirkpatrick v. James M.California Supreme Court · 1973
- People v. PatskanMichigan Supreme Court · 1972
- State v. WilsonOregon Supreme Court · 1959
- People v. JonesMichigan Supreme Court · 1993
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