People v. Levalie
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant^ James Levalie, from a judgment of the. County Court of Kings county in favor of the plaintiff,' entered in the office of the clerk of the county of Kings on the 26th day of March, 1896, upon the verdict of a jury convicting him of the crime of assault in the second degree.
1Opinion of the Court
Willard Bartlett, J.:
We do not see how it is possible to uphold this judgment. At the close of the charge the counsel for the defendant asked the court to instruct the jury as- follows: “In order -to convict the defendant of the alleged offense you must find that the People have produced more than a preponderance of evidence — simply a preponderance of evidence will not convict. The- People must produce evidence to satisfy the jury that he is guilty beyond a reasonable doubt.” To this the learned trial judge responded: “ The last clause I charge, but I decline to charge the first because it…
2Cited by2 opinions
- State v. EvansSouth Dakota Supreme Court · 1900
- People v. DeckenbrockAppellate Division of the Supreme Court of the State of New York · 1913