People v. . Michalow
New York Court of Appeals
Appeal from a judgment of the Supreme Court rendered January 13, 1920, at a Trial Term for the county of Westchester, upon a verdict convicting the defendant of the crime of murder in the first degree. The facts, so far as material, are stated in the opinion. The People failed to make a case against this defendant and upon the facts the indictment should be dismissed. (People v. Marwig, 227 N. Y. 282;. People v. Cohen, 223 N. Y. 406; People v. Zucker, 20 App.
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Appeal from a judgment of the Supreme Court rendered January 13, 1920, at a Trial Term for the county of Westchester, upon a verdict convicting the defendant of the crime of murder in the first degree. The facts, so far as material, are stated in the opinion. The People failed to make a case against this defendant and upon the facts the indictment should be dismissed. (People v. Marwig, 227 N. Y. 282;. People v. Cohen, 223 N. Y. 406; People v. Zucker, 20 App. Div. 363, 154 N. Y. 770.) The trial court erred in excluding testimony of bias, hostility and corruption. (People v. Lustig, 206 N. Y.…
1Opinion of the Court
Andrews, J.:
Samuel Michalow is a Russian, fifty-seven years of age, who has been in this country for twenty-seven years. He is engaged in the real estate business in a small way and has accumulated a few thousand dollars. Some time in the spring of 1919 he became acquainted with a young Russian named Lipp who was employed in a butcher shop where the defendant dealt.
From the evidence produced by the People the jury might find that shortly after they met Michalow began to ask Lipp if he knew of any Italians who would help on a job, meaning by that a burglary or a robbery. Lipp replied that he…
2Cases cited4 opinions
- Dolan v. . PeopleNew York Court of Appeals · 1876
- People v. . MarwigNew York Court of Appeals · 1919
- People v. . LustigNew York Court of Appeals · 1912
- People v. . UsefofNew York Court of Appeals · 1919
3Cited by26 opinions
- People v. BornholdtNew York Court of Appeals · 1973
- People v. McGeeNew York Court of Appeals · 1979
- People v. WalshNew York Court of Appeals · 1933
- People v. BrownNew York Court of Appeals · 1970
- People v. JacksonNew York Court of Appeals · 1967
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