People v. Cooke
New York Court of Appeals
I. The trial court committed reversible error in failing to answer a pertinent inquiry of tbe jurors relating to tbe necessity of intent to kill as an element of murder in tbe first degree. (Code Crim. Pro. § 427; People v. Weiss, 290 N. Y. 160; People v. Flynn, 290 N. Y. 220.) II. It was error for tbe trial court to deny a request of counsel for a sequestration of tbe witnesses. III.
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I. The trial court committed reversible error in failing to answer a pertinent inquiry of tbe jurors relating to tbe necessity of intent to kill as an element of murder in tbe first degree. (Code Crim. Pro. § 427; People v. Weiss, 290 N. Y. 160; People v. Flynn, 290 N. Y. 220.) II. It was error for tbe trial court to deny a request of counsel for a sequestration of tbe witnesses. III. Tbe verdict is against tbe weight of tbe evidence. . (People v. Paige, 283 N. Y. 479.) I. Tbe verdict of murder in tbe first degree is against tbe weight of tbe evidence. (Stokes v. People of the State of N. Y.,…
1Opinion of the CourtDesmoND, J.
About midnight on July 25, 1942, McKinley Kettles, seventeen years old, was stabbed to death by two young men on tbe stoop of Kettles’ home on Gates Avenue in Brooklyn. On tbe stoop with Kettles when be received tbe two knife wounds were bis mother, pleading for bis life, and bis sweetheart. Viewing tbe affray from a window were two visitors at tbe Kettles borne. All four identified these two defendants as the stabbers. On tbe question of identity it was for tbe jury to decide whether to believe the assertions of those four witnesses or the denials of the defendants. There was another…
2Cases cited4 opinions
- Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
- The People v. . ConroyNew York Court of Appeals · 1884
- People v. WeissNew York Court of Appeals · 1943
- Philpot v. Fifth Ave. Coach Co.Appellate Division of the Supreme Court of the State of New York · 1911
3Cited by43 opinions
- Henderson v. MorganSupreme Court of the United States · 1976
- People v. MalloyNew York Court of Appeals · 1982
- People v. LouridoNew York Court of Appeals · 1987
- People v. BakerNew York Court of Appeals · 2010
- People v. JacksonNew York Court of Appeals · 1967
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