Legal Opinion

People v. . Barker

New York Court of Appeals

Decided May 14, 1897PublishedCited by 9 opinions

Appeal from a judgment of the Supreme Court, rendered December 22, 1896, at a Criminal Trial Term in the county of Westchester, on the verdict of a jury convicting the defendant of the crime of murder in the first degree. The facts, so far as material, are stated in the opinion. The verdict was abundantly supported by the evidence, and there is no possible ground for the claim that it was against the weight of the evidence.

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Appeal from a judgment of the Supreme Court, rendered December 22, 1896, at a Criminal Trial Term in the county of Westchester, on the verdict of a jury convicting the defendant of the crime of murder in the first degree. The facts, so far as material, are stated in the opinion. The verdict was abundantly supported by the evidence, and there is no possible ground for the claim that it was against the weight of the evidence. (People v. Conroy, 97 N. Y. 62; People v. Cignarale, 110 N. Y. 27; People v. Kerrigan, 147 N. Y. 210; People v. Sliney, 137 N. Y. 570.) Ho error was committed in the…

1Opinion of the CourtBartlett, J.

The defendant has been convicted of murder in the first degree for killing his wife on the 30th day of August, 1895, at the town of Harrison, in the county of Westchester.

There is no material dispute as to the facts, save as the defendant’s testimony contradicts in almost every particular the story as told hy the array of witnesses produced on behalf of the People.

The counsel for the defendant argued but one question of law, which was based upon an alleged error of the learned trial judge in his charge to the jury when defining a reasonable doubt, which would entitle the defendant to an…

2Cited by9 opinions

  1. Wallace v. StateSupreme Court of Florida · 1899
  2. People v. JonesNew York Court of Appeals · 1970
  3. People v. . RadcliffeNew York Court of Appeals · 1921
  4. People v. ButtsPoughkeepsie City Court · 1960
  5. People v. BalianAppellate Division of the Supreme Court of the State of New York · 1975

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