People v. . Austin
New York Court of Appeals
Appeal from a judgment of the Supreme Court, rendered October 27, 1909, at a Trial Term for the county of Westchester upon a verdict convicting the defendant of the crime of murder in the first degree and from an order denying a motion for a new trial. The facts, so far as material, are stated in the opinion. The verdict was against the weight of evidence and justice requires a new trial he granted.
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Appeal from a judgment of the Supreme Court, rendered October 27, 1909, at a Trial Term for the county of Westchester upon a verdict convicting the defendant of the crime of murder in the first degree and from an order denying a motion for a new trial. The facts, so far as material, are stated in the opinion. The verdict was against the weight of evidence and justice requires a new trial he granted. (People v. McCann, 16 N. Y. 58; People v. Taylor, 138 N. Y. 398; People v. Ferraro, 161 N. Y. 365; People v. Meringola, 113 App. Div. 488.) The calling of Dr. Schmidt as a witness by the…
1Opinion of the CourtChase, J.
The defendant shot and killed his wife September 4, 1909. He was indicted for the crime of murder in the first degree and charged with committing the crime from a deliberate and premeditated desing to effect death. On being arraigned he pleaded “ Not guilty on the grounds of insanity.” Upon the trial the jury found him guilty.
After a careful examination of the record, we are not only satisfied that there is evidence to sustain the verdict of the jury, but that their verdict was right, and that the defendant killed his wife from a deliberate and premeditated design to effect her death, and…
2Cases cited23 opinions
- Pierson v. . the PeopleNew York Court of Appeals · 1880
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- People v. . KoernerNew York Court of Appeals · 1897
- McKinney v. Grand Street, Prospect Park & Flatbush RailroadNew York Court of Appeals · 1887
- Davis v. . Supreme Lodge, Knights of HonorNew York Court of Appeals · 1900
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3Cited by25 opinions
- State v. FouquetteNevada Supreme Court · 1950
- People v. DecinaNew York Court of Appeals · 1956
- People v. KrauserIllinois Supreme Court · 1925
- Bloodgood v. LynchNew York Court of Appeals · 1944
- Klein v. Prudential Insurance of AmericaNew York Court of Appeals · 1917
20 more not listed; retrieve them via the Exa API.