Legal Opinion

Keefe v. . the People

New York Court of Appeals

Decided June 11, 1869PublishedCited by 16 opinions

Eebob to the Supreme Court (1st judicial district), to review an affirmance there, of a conviction of the plantiff in error, in the Court of General Sessions of the city and comity of New York, for the crime of murder in the second degree. No bill of exceptions appeared to have been made in the case. The return contained the indictment, conviction, judgment and affirmance only.

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Eebob to the Supreme Court (1st judicial district), to review an affirmance there, of a conviction of the plantiff in error, in the Court of General Sessions of the city and comity of New York, for the crime of murder in the second degree. No bill of exceptions appeared to have been made in the case. The return contained the indictment, conviction, judgment and affirmance only. The indictment was found in June, I860. ' The record sent up from the sessions, was as follows: STATE OF NEW YORK, 1 . City and County of New Yobk, ) ‘ Re it remembered, that at a Court of General Sessions of the…

1Opinion of the CourtGeoveb, J.

The question arising upon the record in this case, is whether a verdict convicting the accused of murder in the second degree, upon an indictment containing a single count for murder, drawn as required by the common law, is legal, and whether such verdict authorizes a judgment convicting the accused, and inflicting the punishment imposed by statute for that offence. In Fitzgerald v. The People (37 N. Y., 413), it was held by this court, that such an indictment was sufficient to warrant a judgment convicting the accused of the crime of murder in the first degree, under the statute of 1862…

2Cases cited2 opinions

  1. Dedieu v. . the PeopleNew York Court of Appeals · 1860
  2. Fitzgerrold v. . the PeopleNew York Court of Appeals · 1868

3Cited by16 opinions

  1. Cox v. . the PeopleNew York Court of Appeals · 1880
  2. Graff v. PeopleIllinois Supreme Court · 1904
  3. State v. StumbaughSouth Dakota Supreme Court · 1911
  4. State v. CollyerNevada Supreme Court · 1883
  5. Territory v. ConradSupreme Court Of The Territory Of Dakota · 1877

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