People v. . Rimieri
New York Court of Appeals
Appeal from a judgment of the Kings County Court, rendered January 7, 1904, upon a verdict convicting the defendant of the crime of murder in the first degree. The facts, as far as material, are stated in the opinion. The verdict was against the evidence, and justice requires that a new trial be granted.
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Appeal from a judgment of the Kings County Court, rendered January 7, 1904, upon a verdict convicting the defendant of the crime of murder in the first degree. The facts, as far as material, are stated in the opinion. The verdict was against the evidence, and justice requires that a new trial be granted. (People v. Barberi, 149 N. Y. 256; People v. Beckwith, 103 N. Y. 360 ; People v. Conroy, 97 N. Y. 62.) There is not evidence to support a verdict of murder in the first degree. There is a want of premeditation, deliberation and an intent to kill. (People v. Barberi, 149 N. Y. 256; People v.…
1Opinion of the CourtWerner, J.
This is an appeal from a judgment of conviction of the crime of murder in the first degree. The defendant' assails the judgment on various grounds, several of which relate to the probative weight and effect of the evidence pre- • sented on behalf of the prosecution, so that a brief outline of the facts is necessary.
The substance of the specification in the indictment is, that in the borough of Brooklyn, Yew York, on the 1st day of October, 1903, the defendant shot and killed one Jacko Pinto, with the deliberate and premeditated design to effect his death. The shooting by the defendant, and…
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