O'Connell v. . People of State of New York
New York Court of Appeals
Error to the General Term of the Supreme Court, in the third, judicial department, to review judgment entered upon an order made September 20, 1881, which affirmed a judgment of the Court of General Sessions in and for the county of Albany, entered upon a verdict convicting the appellant of an assault with intent to kill.
Read the full summary
Error to the General Term of the Supreme Court, in the third, judicial department, to review judgment entered upon an order made September 20, 1881, which affirmed a judgment of the Court of General Sessions in and for the county of Albany, entered upon a verdict convicting the appellant of an assault with intent to kill. The fact of the commission of the alleged assault by the prisoner was proved, and upon his behalf an attempt was made to show he was insane at the time of the assault. This question was submitted in the following language: “You are to determine, from the evidence, whether or…
1Opinion of the Court
Danforth, J., The appellant was convicted of an assault with intent to kill. The conviction was affirmed by the General Term of the Supreme Court, and upon appeal from that decision two points are made in his behalf. First, that the court erred in charging the jury. In support of this proposition ■it is assumed by his counsel that the judge charged “ that the defense of insanity is an affirmative defense ” and the prisoner bound to satisfy the jury by proof that he was insane. Second, that the court erred in refusing to charge -that the defendant was entitled to the benefit of any reasonable…
2Cases cited1 opinion
- Brotherton v. . the PeopleNew York Court of Appeals · 1878
3Cited by18 opinions
- Davis v. United StatesSupreme Court of the United States · 1895
- Ford v. StateSupreme Court of Alabama · 1882
- Glover v. United StatesCourt of Appeals for the Eighth Circuit · 1906
- People v. SilverNew York Court of Appeals · 1974
- Hodge v. StateSupreme Court of Florida · 1890
13 more not listed; retrieve them via the Exa API.