People v. Bretagna
New York Court of Appeals
The admission in evidence of the alleged confession of defendant was illegal and in violation of defendant’s constitutional rights under the United States and New York State Constitutions. (Pierce v. Creecy, 210 U. S. 387; People v. Alex, 265 N. Y. 192; People v. Mummiani, 258 N. Y. 394; People v. Valletutti, 297 N. Y. 226; People v. Barboto, 254 N. Y. 170; People v. Weiner, 248 N. Y. 118.) I. Appellant Rosenberg’s guilt was not established beyond a reasonable doubt. II.
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The admission in evidence of the alleged confession of defendant was illegal and in violation of defendant’s constitutional rights under the United States and New York State Constitutions. (Pierce v. Creecy, 210 U. S. 387; People v. Alex, 265 N. Y. 192; People v. Mummiani, 258 N. Y. 394; People v. Valletutti, 297 N. Y. 226; People v. Barboto, 254 N. Y. 170; People v. Weiner, 248 N. Y. 118.) I. Appellant Rosenberg’s guilt was not established beyond a reasonable doubt. II. The trial court erred in refusing to charge that the testimony as to the alleged confession by appellant was not direct…
1Opinion of the CourtDesmoNd, J.
These defendants, tried together, were convicted of murder in the first degree and sentenced to death, for the killing of Benjamin Weiner, in New York City, on January 13, 1948. We conclude that the trial was properly conducted and that the jury was justified, on the proof before it, in finding both defendants guilty. We affirm the convictions hut write this opinion to comment on a point of law argued by appellant Rosenberg only.
In addition to certain circumstantial and corroboratory testimony, the People put in evidence, as against Rosenberg, his confession made to police officers and an…
2Cases cited12 opinions
- Pease v. . SmithNew York Court of Appeals · 1875
- People v. WeissNew York Court of Appeals · 1943
- Cook v. . BarrNew York Court of Appeals · 1870
- Pressley v. StateSupreme Court of Georgia · 1946
- People v. ValletuttiNew York Court of Appeals · 1948
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3Cited by45 opinions
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