Legal Opinion

People v. Cummings

New York County Courts

Decided July 26, 1938PublishedCited by 3 opinions

1Opinion of the CourtBrancato, J.

The defendants Felix John Cummings and George Lewis were convicted of first degree murder for the killing of one Ralph Nischo at about three o’clock in the morning of January 7, 1936. The deceased was shot and killed by Lewis while both defendants were engaged in the commission of a felony, to wit, a robbery in a bar and grill known as Leo’s Tavern. This case has been twice tried, each time resulting in the conviction of both defendants as charged in the indictment. At each trial Cummings interposed intoxication as a defense while Lewis pleaded the defense of “ alibi ” at the first trial. In…

2Cases cited6 opinions

  1. People v. SchmidtNew York Court of Appeals · 1915
  2. People v. . PrioriNew York Court of Appeals · 1900
  3. People v. MooreNew York Court of General Session of the Peace · 1899
  4. People v. . JonesNew York Court of Appeals · 1909
  5. People v. . MooreNew York Court of Appeals · 1901

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3Cited by3 opinions

  1. People v. BergmanNew York County Court, Kings County · 1939
  2. Carr v. WallaceNew York Supreme Court · 1945
  3. People v. Sileo, New York County Courts1943

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