Legal Opinion

People v. May

Appellate Division of the Supreme Court of the State of New York

Decided January 28, 1960PublishedCited by 14 opinions

1Opinion of the CourtBebgan, J.

In a melee which began as a street argument and a fist-fight on Prospect Avenue in The Bronx, George Marshall was stabbed by Samuel Montgomery and died within a short time. Appellant Robert May, who was present and took part in the fist-fight, has been convicted of murder, second degree, on the legal theory that he was a principal in commission of the murder.

To attach responsibility for murder second degree to appellant for the killing of Marshall, it would be necessary for the People to establish that May knew in advance that in such a fist-fight as this Montgomery would use his knife to…

2Cases cited12 opinions

  1. People v. TubbyCalifornia Supreme Court · 1949
  2. People v. . MarendiNew York Court of Appeals · 1915
  3. People v. WeissNew York Court of Appeals · 1943
  4. People v. OdleCalifornia Supreme Court · 1951
  5. People v. VollmerNew York Court of Appeals · 1949

7 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. People v. OzarowskiNew York Court of Appeals · 1976
  2. People v. BosqueAppellate Division of the Supreme Court of the State of New York · 1980
  3. People v. HayesAppellate Division of the Supreme Court of the State of New York · 1986
  4. People v. ComptonAppellate Division of the Supreme Court of the State of New York · 1990
  5. People v. La BrunaAppellate Division of the Supreme Court of the State of New York · 1979

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API