Legal Opinion

People v. . Faber

New York Court of Appeals

Decided October 4, 1910PublishedCited by 62 opinions

Appeal from a judgment of the Supreme Court, rendered July 10, 1909, at a Trial Term for the county of Warren, 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. The expert witnesses sworn on behalf of the People were erroneously allowed to express their opinions as to the sanity of defendant without first giving the facts on which the opinion was based.

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Appeal from a judgment of the Supreme Court, rendered July 10, 1909, at a Trial Term for the county of Warren, 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. The expert witnesses sworn on behalf of the People were erroneously allowed to express their opinions as to the sanity of defendant without first giving the facts on which the opinion was based. (People v. Truck, 170 N. Y. 203; People v. Nino, 149 N. Y. 317.) The trial court erroneously charged the jury that while it is the duty of each juror…

1Opinion of the CourtChase, J.

The defendant has been convicted of the crime of murder in the first degree. It is not denied that he shot and killed Maud Bumps, otherwise known as Maud Byan. It is contended on behalf of the defendant that the evidence of premeditation and deliberation is not sufficient to sustain the judgment rendered, and it is also contended in his behalf that the defendant at the time of the commission of the act was laboring under such a defect of reason as not to know the nature and quality of the act he was doing, or that the act was wrong.

We have fully examined the record and are of the opinion that…

2Cases cited11 opinions

  1. Ball v. United StatesSupreme Court of the United States · 1891
  2. People v. . SheldonNew York Court of Appeals · 1898
  3. People v. . TaylorNew York Court of Appeals · 1893
  4. People v. . HochNew York Court of Appeals · 1896
  5. Jackson v. StateWisconsin Supreme Court · 1895

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

3Cited by62 opinions

  1. People v. LaValleNew York Court of Appeals · 2004
  2. Fuller v. StateSupreme Court of Alabama · 1959
  3. People v. PaganNew York Court of Appeals · 1978
  4. Plummer v. RothwaxNew York Court of Appeals · 1984
  5. People v. CarterNew York Court of Appeals · 1976

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

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