Legal Opinion

People v. Coleman

Appellate Division of the Supreme Court of the State of New York

Decided January 7, 1959PublishedCited by 6 opinions

1Per curiam

The defendant has appealed from a conviction of manslaughter in the first degree. His principal defense was that the homicide was justifiable because it was committed in the lawful defense of his wife under circumstances and conditions described in subdivision 1 of the latter portion of section 1055 of the Penal Law. Defendant testified, in this respect, that Lofton, the deceased, was endeavoring to stab the defendant’s wife with a knife at the time the defendant entered into the physical encounter which resulted in Lofton’s death.

The defendant therefore was entitled to a charge including the…

2Cases cited2 opinions

  1. Shorter v. . the PeopleNew York Court of Appeals · 1849
  2. People v. SmithAppellate Division of the Supreme Court of the State of New York · 1955

3Cited by6 opinions

  1. United States Ex Rel. Elksnis v. GilliganDistrict Court, S.D. New York · 1966
  2. Pueblo v. Túa CintrónSupreme Court of Puerto Rico · 1961
  3. People v. DonnellyAppellate Division of the Supreme Court of the State of New York · 1984
  4. People v. MitchellAppellate Division of the Supreme Court of the State of New York · 1979
  5. People v. HernandezAppellate Division of the Supreme Court of the State of New York · 1979

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