The People v. . Bennett
New York Court of Appeals
Ebbob to the General Term of the Supreme Court in the third judicial department, to review judgment of that court, reversing a judgment of the Court of Oyer and Terminer in and for the county of Ulster, entered upon a conviction of defendant in error, of the crime of manslaughter in the second degree, and granting a new trial. The facts sufficiently appear in the opinion.
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Ebbob to the General Term of the Supreme Court in the third judicial department, to review judgment of that court, reversing a judgment of the Court of Oyer and Terminer in and for the county of Ulster, entered upon a conviction of defendant in error, of the crime of manslaughter in the second degree, and granting a new trial. The facts sufficiently appear in the opinion. The death of the wife having been proved by direct and positive evidence, the other questions involved may be proven by circumstantial evidence. (Burrill on Cir. Evidence, 682, 720, 722; Wills on Cir. Evidence, 168; Best on…
1Opinion of the Court
Chueoh, Ch. J.
The prisoner was indicted for the murder of his wife and tried at the Ulster Oyer and Terminer in April, 1871, and convicted of manslaughter in the second degree. Upon writ of error to the Supreme Court the judg ment was reversed, and the people brought error to this court.
The objection that a writ of error will not lie from the judgment of the Supreme Court reversing a conviction in the Oyer and Terminer and granting a new trial) is not tenable. The act of 1852 expressly authorizes a review by this court in such cases. The decision in the Supreme Court is a judgment within the…
2Cases cited2 opinions
- Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
- Ruloff v. . the PeopleNew York Court of Appeals · 1858
3Cited by102 opinions
- Curley v. United StatesCourt of Appeals for the D.C. Circuit · 1947
- People v. KennedyNew York Court of Appeals · 1979
- People v. DurrantCalifornia Supreme Court · 1897
- Goodwin v. StateIndiana Supreme Court · 1883
- People v. . FitzgeraldNew York Court of Appeals · 1898
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