The People v. . Sullivan
New York Court of Appeals
Writ op Error to the Supreme Court, sitting in the first district, where the judgment of the New York oyer and terminer had been reversed. (Reported below, 1 Park. 347.) James Sullivan had been convicted in the New York oyer and terminer of the murder of Edward Smith; but the judgment had been reversed by the supreme court, on error.
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Writ op Error to the Supreme Court, sitting in the first district, where the judgment of the New York oyer and terminer had been reversed. (Reported below, 1 Park. 347.) James Sullivan had been convicted in the New York oyer and terminer of the murder of Edward Smith; but the judgment had been reversed by the supreme court, on error. The prisoner, with his wife and family, occupied a room in the house No. 4 Cliff street; the remainder of the premises being in the occupation of one Mrs. Ferris, as a boarding-house. Edward Smith, the deceased, was one of the boarders in the house. On the 10th…
1Opinion of the CourtJohnson, J.
The question as to the dismissal Of the writ of error, and the question upon the bill of exceptions, relating to the charge of the judge, that if the killing was produced by the defendant with an intention to kill, though that intention was formed at the instant of striking the fatal blow, it was murder, and that the jury might, infer such intention from the circumstances of the case, and among other things, from the nature of the weapons used and the wounds given by it, have already been disposed of in the case of the People v. Clark (ante 385).
There are some other questions in the case, but…
2Cases cited1 opinion
- Shorter v. . the PeopleNew York Court of Appeals · 1849
3Cited by23 opinions
- People v. McManusNew York Court of Appeals · 1986
- People v. PonsNew York Court of Appeals · 1986
- People v. . TomlinsNew York Court of Appeals · 1914
- Cook v. StateSupreme Court of Florida · 1903
- People v. . KennedyNew York Court of Appeals · 1899
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