People v. . Lumsden
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 2, 1910, which affirmed a judgment of the Court of General Sessions of the Peace in the county of New York rendered upon a verdict convicting defendant of the crime of manslaughter in the first degree. The facts, so far as material, are stated in the opinion. The court erred in its charge to the jury on the subject of the presumption of innocence.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 2, 1910, which affirmed a judgment of the Court of General Sessions of the Peace in the county of New York rendered upon a verdict convicting defendant of the crime of manslaughter in the first degree. The facts, so far as material, are stated in the opinion. The court erred in its charge to the jury on the subject of the presumption of innocence. (Coffin v. United States, 156 U. S. 432; Seybolt v. R. R. Co., 95 N. Y. 562; United States v. Shapleigh, 54 Fed. Eep. 126; State…
1Opinion of the Court
Appellant was indicted for the alleged crime of murder in the first degree because in the city of New York on the 19th day of December, 1908, he shot and killed one Suydam. He was convicted of manslaughter in the first degree, but at the instigation of the assistant district attorney the trial judge committed such errors that the judgment must be reversed and another attempt made properly to pass upon the rights of the defendant.
While the judgment of conviction has been unanimously affirmed and a review of the merits thereby precluded, it is necessary to recapitulate some of the important…
2Cases cited3 opinions
- Ruloff v. . the PeopleNew York Court of Appeals · 1871
- People v. . ConstantinoNew York Court of Appeals · 1897
- People v. DankbergAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by10 opinions
- People v. GoetzNew York Court of Appeals · 1986
- People v. CherryNew York Court of Appeals · 1954
- People v. LigouriNew York Court of Appeals · 1940
- People v. DesmondAppellate Division of the Supreme Court of the State of New York · 1983
- People v. GoetzNew York Supreme Court · 1986
5 more not listed; retrieve them via the Exa API.