People v. Motello
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Pasquale Motello, from a judgment of the County Court of Orange county, rendered against him on the 18th day of January, 1912, convicting him of the crime of murder in the second degree.
1Opinion of the Court
Jenks, P. J.:
The question of murder in the first degree is not in the case. The charging common-law language of the indictment might well be held sufficient to sustain an indictment for that crime, but the language is as appropriate for the crime of murder in the second degree. (People v. Osmond, 138 N. Y. 80; People v. Giblin, 115 id. 196; Fitzgerrold v. People, 37 id. 413; People v. Conroy, 97 id. 62.) The defendant was arraigned, tried and convicted for murder in the second degree in a court of jurisdiction, and under a charge of correct instruction as to *511the elements of the crimes of…
2Cases cited7 opinions
- Ex Parte BainSupreme Court of the United States · 1887
- People v. . PalmerNew York Court of Appeals · 1888
- People v. EnochCourt for the Trial of Impeachments and Correction of Errors · 1834
- The People v. . ClarkNew York Court of Appeals · 1852
- People v. . OsmondNew York Court of Appeals · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- People v. HooterAppellate Division of the Supreme Court of the State of New York · 1953
- People v. MendezAppellate Division of the Supreme Court of the State of New York · 1978
- People v. Carmona, New York County Courts1984
- Stewart v. District Court of United States for Southern District of CaliforniaCourt of Appeals for the Ninth Circuit · 1926
- People v. Fiske, New York County Courts1949
4 more not listed; retrieve them via the Exa API.