Legal Opinion

Shorter v. . the People

New York Court of Appeals

Decided May 5, 1849PublishedCited by 45 opinions

Henry Shorter, a negro, was indicted for the murder of Stephen C. Brash, and tried at the Erie county oyer and terminer in November, 1848. It was proved on the trial that on the 19th day of September, 1848, at about eleven o’clock in the evening, the deceased was passing down Seneca-street in the city of Buffalo, in company with some boys from fifteen to seventeen years of age; that they were conversing and laughing about a negro character that had been acted that evening at…

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Henry Shorter, a negro, was indicted for the murder of Stephen C. Brash, and tried at the Erie county oyer and terminer in November, 1848. It was proved on the trial that on the 19th day of September, 1848, at about eleven o’clock in the evening, the deceased was passing down Seneca-street in the city of Buffalo, in company with some boys from fifteen to seventeen years of age; that they were conversing and laughing about a negro character that had been acted that evening at the theatre; and that they passed the prisoner and another negro oh the side walk. The prisoner and the other negro…

1Opinion of the CourtBronson, J.

When one who is without fault himself, is attacked by another in such a manner or under • such circumstances as to furnish reasonable ground for apprehending a design to take away his life, or do him some great bodily harm, and there is reasonable ground for believing the danger imminent that such design will be accomplished, I think he may safely act upon appearances, and kill the assailant, if that be necessary to avoid the apprehended danger; and the killing will be justifiable, although it may afterwards turn out that the appearances were false, and there was in fact neither design to do…

2Cases cited2 opinions

  1. People v. RectorNew York Supreme Court · 1838
  2. United States v. WiltbergerU.S. Circuit Court for the District of Eastern Pennsylvania · 1819

3Cited by45 opinions

  1. People v. GoetzNew York Court of Appeals · 1986
  2. People v. McManusNew York Court of Appeals · 1986
  3. Knickerbocker v. . the PeopleNew York Court of Appeals · 1870
  4. The People v. . GonzalezNew York Court of Appeals · 1866
  5. People v. . TrezzaNew York Court of Appeals · 1891

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