People v. Van Norman
New York Court of Appeals
Appeal from a judgment of the Supreme Court, rendered March 22, 1921, at a Trial Term for the county of Suffolk, upon a verdict convicting the defendant of the crime of murder in the first degree. It was error for the court to refuse to charge the jury the other degrees of homicide under section 610 of the Penal Law.
Read the full summary
Appeal from a judgment of the Supreme Court, rendered March 22, 1921, at a Trial Term for the county of Suffolk, upon a verdict convicting the defendant of the crime of murder in the first degree. It was error for the court to refuse to charge the jury the other degrees of homicide under section 610 of the Penal Law. (People v. Spohr, 206 N. Y. 516; People v. Marendi, 213 N. Y. 600; People v. Marwig, 227 N. Y. 382.) The court correctly charged the jury as to the degree of crime. (People v. Schleiman, 197 N. Y. 383; People v. Patini, 208 N. Y. 176; People v. Miles, 143 N. Y. 383.)
1Opinion of the CourtPound, J.
The indictment charges defendant with the crime of murder in the first degree committed as follows: “ The said James Van Norman on or about the 15th day of December, 1920, at the Town of Huntington in the County of Suffolk aforesaid, unlawfully and feloniously shot and killed one Wilbur E. Severance with a revolver, the said James Van Norman being then and there engaged in the commission of a felony, to-wit: Assault in the first degree upon the person of one Amza W. Biggs by shooting the said Amza W. Biggs with a loaded revolver with intent to hill him.”
The facts established by the evidence…
2Cases cited3 opinions
- People v. . SchleimanNew York Court of Appeals · 1910
- People v. . SpohrNew York Court of Appeals · 1912
- People v. . MilesNew York Court of Appeals · 1894
3Cited by12 opinions
- People v. MussendenNew York Court of Appeals · 1955
- People v. MoranNew York Court of Appeals · 1927
- People v. KoerberNew York Court of Appeals · 1926
- People v. LazarNew York Court of Appeals · 1936
- People v. LunseNew York Court of Appeals · 1938
7 more not listed; retrieve them via the Exa API.