Pfomer v. People
New York Supreme Court
•This case came before the court on writ of error. By the return, it appeared that in April, one thousand eight hundred and fifty-nine, an indictment in the following form "was found against the defendant in the New York General Sessions: City and County of New York, ss: The Jurors of the People of the State of New York, in and for the body of the city and county of New York, upon their oath, present: That John D. Pfomer, late of the first ward of the city of New York, in…
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•This case came before the court on writ of error. By the return, it appeared that in April, one thousand eight hundred and fifty-nine, an indictment in the following form "was found against the defendant in the New York General Sessions: City and County of New York, ss: The Jurors of the People of the State of New York, in and for the body of the city and county of New York, upon their oath, present: That John D. Pfomer, late of the first ward of the city of New York, in the county of New York, aforesaid, on the twenty-fifth day of March, in the year of our Lord one -thousand eight hunered…
1Opinion of the Court
By the Court, SUTHERLAND, P. J.
We are unanimous in the opinion that there must be a new trial in this case. After the jury had been out some twenty-four hours, they returned into court and asked for further instructions on the law. The judge who presided on the trial, stated that if they believed the witnesses, they .should convict of manslaughter, but it was for them to say in what degree. It was purely a question of fact for the jury to determine as to whether a case of manslaughter had been proved; it was within their province to say whether the prisoner, at the time he slew the deceased,…
2Cited by2 opinions
- Holler v. StateIndiana Supreme Court · 1871
- Manning v. StateWisconsin Supreme Court · 1891