Legal Opinion

People v. . Sullivan

New York Court of Appeals

Decided January 6, 1903PublishedCited by 196 opinions

Appeal from a judgment of the Supreme Court rendered at a Trial Term for the county of Schoharie, October 25, 1901, upon a verdict convicting the defendant of the crime of murder in the first degree. The facts, so far as material, are stated in the opinion.

1Opinion of the Court

Cullen, J.:

I have been constrained to reach a different conclusion from that held by Judge O’Brien. I agree with him that as the guilt of the defendant was submitted to' the jury on both claims of the People, first, that the deceased was killed with a deliberate and premeditated design to effect his death, and, second, that he was killed by the defendant while the latter was engaged in the perpetration of a felony or an attempt to commit one, if as to either claim the evidence was insufficient to justify the submission of the question to the jury the conviction must be reversed, since it…

2Cases cited11 opinions

  1. People v. . MoranNew York Court of Appeals · 1890
  2. Kane v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
  3. People v. . JohnsonNew York Court of Appeals · 1888
  4. Murray v. . New York Life Ins. Co.New York Court of Appeals · 1884
  5. Buel v. . the PeopleNew York Court of Appeals · 1879

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3Cited by196 opinions

  1. People v. MateoNew York Court of Appeals · 2004
  2. Schad v. ArizonaSupreme Court of the United States · 1991
  3. People v. MahboubianNew York Court of Appeals · 1989
  4. United States v. CoplonCourt of Appeals for the Second Circuit · 1950
  5. State v. ArndtWashington Supreme Court · 1976

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