People v. Mitchell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment affirmed. Memorandum: Defendant appeals from his conviction for murder, second degree. The autopsy of the victim’s body revealed 11 stab wounds on the face, chest, and back, four of which penetrated the aortic arch, liver, and heart. While the charge to the jury that “a person is presumed to intend the natural and probable consequences of his act, and, accordingly, if the consequences are natural and probable, he will not be heard to say that he did not intend them” was error (see Sandstrom v Montana, 442 US 510; People v Harris, 77 AD2d 804; People v Egan, 72 AD2d 239), we find the…
2Cases cited11 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- People v. ThomasNew York Court of Appeals · 1980
- Priest v. HennessyNew York Court of Appeals · 1980
- People v. GetchNew York Court of Appeals · 1980
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3Cited by1 opinion
- People v. MitchellNew York Court of Appeals · 1983