Legal Opinion

People v. . Leonardo

New York Court of Appeals

Decided November 15, 1910PublishedCited by 13 opinions

Appeal from a judgment of the Supreme Court, rendered January 25, 1910, at an Extraordinary Trial Term for the county of Albany upon a verdict convicting the defendant of the crime of murder in the first degree and from an order denying a motion for a new trial. The facts, so far as material, are stated in the opinion. The admission of testimony as to declarations of deceased constitutes reversible error.

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Appeal from a judgment of the Supreme Court, rendered January 25, 1910, at an Extraordinary Trial Term for the county of Albany upon a verdict convicting the defendant of the crime of murder in the first degree and from an order denying a motion for a new trial. The facts, so far as material, are stated in the opinion. The admission of testimony as to declarations of deceased constitutes reversible error. (Lahey v. Ottman & Co., 73 Hun, 61; People v. Del Vermo, 192 N. Y. 470; Wharton on Homicide [3d ed.], § 629; People v. Shaw, 3 Hun, 272.) The producing of John H. Farrell and his evidence…

1Opinion of the CourtChase, J.

The defendant was jointly indicted with Dominico Ferrara and charged with the crime of murder in the first degree, committed October 2, 1909, by stabbing George E. Phelps and inflicting upon him such wounds as to result in his death. Ferrara was separately tried and found guilty. An appeal was taken from the judgment of conviction, and this court has affirmed his conviction, and the opinion in connection therewith is handed down with the opinion in this case. We refer to the opinion in that case (People v. Ferrara, 199 N. Y. 414, 26 N. Y. Crim, ante for a description of the building occupied…

2Cases cited6 opinions

  1. People v. . Del VermoNew York Court of Appeals · 1908
  2. People v. . De GarmoNew York Court of Appeals · 1904
  3. Blossom v. . BarrettNew York Court of Appeals · 1868
  4. People v. . GreenwallNew York Court of Appeals · 1888
  5. People v. . FerraraNew York Court of Appeals · 1910

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Halloran v. Virginia Chemicals Inc.New York Court of Appeals · 1977
  2. People v. RodriguezNew York Court of Appeals · 1975
  3. People v. ChristmanNew York Court of Appeals · 1969
  4. People v. MandelAppellate Division of the Supreme Court of the State of New York · 1978
  5. People v. . WatsonNew York Court of Appeals · 1916

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