People v. . Smith
New York Court of Appeals
Appeal by defendant Peter Smith from a judgment of the General Term of the Supreme Court in the first department, affirming a judgment of the Court of General Sessions of Hew York, of 18th September, 1885, Hon. Frederick Smyth presiding, convicting defendant of murder in the first degree. The defendant was jointly indicted with one Alexander Sweeney, but was separately tried.
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Appeal by defendant Peter Smith from a judgment of the General Term of the Supreme Court in the first department, affirming a judgment of the Court of General Sessions of Hew York, of 18th September, 1885, Hon. Frederick Smyth presiding, convicting defendant of murder in the first degree. The defendant was jointly indicted with one Alexander Sweeney, but was separately tried. The facts in the present case given in the dissenting opinion of Judge Andrews, but are more fully given and discussed in the report of People v. Sweeney, 4 N. Y., Crim. 275.
1Opinion of the CourtFinch, J.
We all agree in this case that no error was committed upon the trial, unless as to the single point which in the opinion of Andrews, J., is deemed sufficient ground for ordering a new trial. That opinion states fully and accurately the facts disclosed by the proofs, and shows that the killing was admitted, and the only issue that remained was whether the fatal shot was accidental or intentional. It further holds that, when the admissibility of the dying declarations of Hannon was brought in question, it became the duty of the court to determine, as a preliminary issue, whether the alleged…
2Cited by17 opinions
- People v. MarksNew York Court of Appeals · 1959
- Gall v. . GallNew York Court of Appeals · 1889
- People v. . BeckerNew York Court of Appeals · 1915
- People v. LiccioneAppellate Division of the Supreme Court of the State of New York · 1978
- People v. LudkowitzNew York Court of Appeals · 1935
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