Filkins v. . People
New York Court of Appeals
Error to the General Term of the Superior Court of Buffalo to review judgment affirming judgment of a criminal term of said court, entered upon a verdict convicting plaintiff in error of a felonious assault, under the act chapter 74, Laws of 1854. The facts are sufficiently stated in the opinion. The prisoner had a right to use sufficient force to protect his property.
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Error to the General Term of the Superior Court of Buffalo to review judgment affirming judgment of a criminal term of said court, entered upon a verdict convicting plaintiff in error of a felonious assault, under the act chapter 74, Laws of 1854. The facts are sufficiently stated in the opinion. The prisoner had a right to use sufficient force to protect his property. (Parsons v. Brown, 15 Barb., 590.) The degree of force used and the amount of resistance necessary was a question for the jury. (Harrington v. People, 6 Barb., 607; Corley v. People, 45 id., 262; Sage v. Herpending, 49 id.,…
1Opinion of the CourtAllen, J.
The plaintiff in error was convicted in the Superior Court, of the city of Buffalo, of a felonious assault upon one Taylor with “a pitchfork, a sharp, dangerous weapon,” without justifiable or excusable cause, and with intent to do bodily harm to said Taylor. The offence for which he was indicted was created by chapter 74 of the Laws of 1854, and a conviction can only be had upon proof of the concurrence of the several • facts of which the crime is made to consist. (1.) An assault; (2.) The absence of any justifiable or excusable cause for the assault; (3.) That the assault was with a “…
2Cases cited1 opinion
- Kerrains v. . People of the State of N.Y.New York Court of Appeals · 1875
3Cited by16 opinions
- Kiff v. . YoumansNew York Court of Appeals · 1881
- Lawrence v. LeidighSupreme Court of Kansas · 1897
- People v. . KaneNew York Court of Appeals · 1892
- People v. OddyAppellate Division of the Supreme Court of the State of New York · 1962
- Walker v. StateSupreme Court of Alabama · 1882
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