Legal Opinion

People v. Montgomery

New York Court of Appeals

Decided February 27, 1969PublishedCited by 89 opinions

1Opinion of the CourtKeating, J.

Samuel Montgomery, a teenager of 15, along with two friends, Robert May and Russell Corley, became involved in a street melee with two other boys which quickly escalated from an argument to fisticuffs to knife wielding. As a result of this street brawl, Montgomery and his companions were indicted for fatally stabbing one of the boys whom they encountered on the evening of August 2, 1957. Montgomery was the alleged brandisher of the knife.

Each defendant was represented by court-appointed counsel at their joint trial. The jury returned verdicts of second degree murder against Montgomery and…

2Cases cited4 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Douglas v. CaliforniaSupreme Court of the United States · 1963
  3. Hamilton v. AlabamaSupreme Court of the United States · 1961
  4. Swenson v. BoslerSupreme Court of the United States · 1967

3Cited by89 opinions

  1. People v. SyvilleNew York Court of Appeals · 2010
  2. People v. BachertNew York Court of Appeals · 1987
  3. People v. GlassNew York Court of Appeals · 1977
  4. United States of America Ex Rel. Joel Smith v. The Hon. Daniel McMann Warden of the Auburn State Prison, Auburn, New YorkCourt of Appeals for the Second Circuit · 1969
  5. People v. RiveraNew York Court of Appeals · 1976

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