Legal Opinion

People v. De Garmo

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 7 opinions

Appeal by the defendant, William M. De Garmo, Jr., from a judgment of the County Court of Livingston county in favor of the plaintiff, entered in the office of the clerk of the county of Livingston on the 13th day of June, 1901, upon the verdict of a jury convicting the defendant of the crime of manslaughter in the first degree, and also from an order entered in said clerk’s office on the 13th day of June, 1901, denying the defendant’s motion for a new trial made upon the…

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Appeal by the defendant, William M. De Garmo, Jr., from a judgment of the County Court of Livingston county in favor of the plaintiff, entered in the office of the clerk of the county of Livingston on the 13th day of June, 1901, upon the verdict of a jury convicting the defendant of the crime of manslaughter in the first degree, and also from an order entered in said clerk’s office on the 13th day of June, 1901, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Spring, J.:

The accusation against the defendant is that on the afternoon of the 25th of October, 1900, he struck Marie Lennon, a little girl about five years of age, several times with an iron poker, knocking her down and then stamped upon her, inflicting injuries which resulted in her death during the following night. The defendant’s father owned a cottage for summer use on the west shore of Conestís lake in the county of Livingston. The girl Marie Lennon and her brother Frankie were brought to the cottage in the month of June, 1900. The defendant was then staying in the cottage and a Mr.…

2Cases cited4 opinions

  1. People v. . DownsNew York Court of Appeals · 1890
  2. People v. . McDonaldNew York Court of Appeals · 1899
  3. People v. DownsNew York Supreme Court · 1890
  4. People v. GralleranzoAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by7 opinions

  1. People v. NievesAppellate Division of the Supreme Court of the State of New York · 1988
  2. People v. WheelerAppellate Division of the Supreme Court of the State of New York · 1903
  3. People v. LeeNew York Court of Appeals · 1950
  4. People v. RandazzoAppellate Division of the Supreme Court of the State of New York · 1908
  5. People v. WheelerAppellate Division of the Supreme Court of the State of New York · 1903

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