People v. Way
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Louie Way, from a judgment of the Supreme Court, rendered on the 28th day of May, 1906, at the New York Trial Term, convicting the defendant of the crime of assault in the first degree, and also from two orders denying, respectively, the defendant’s motions for á new trial and in arrest of judgment. ■ '
1Opinion of the Court
Laughlin, J.:
The defendant was jointly indicted with two others for. murder in the first degree, in feloniously causing the death of one Chin Yen, by shooting with a loaded pistol. Upon the trial the evidence tended to show that other pistols were fired at about the same time; and it being doubtful whether the defendant fired the shot which caused the death, the district attorney withdrew the charge of homicide. The court, in charging the jury, read and defined the provisions of the Penal Code with respect to the crime of assault in the different degrees.* ‘
The People presented evidence…
2Cited by4 opinions
- State v. ByrneMontana Supreme Court · 1921
- State v. SiverlyWashington Supreme Court · 1926
- People v. WeisbrotAppellate Division of the Supreme Court of the State of New York · 1986
- People v. FeroneAppellate Division of the Supreme Court of the State of New York · 1907