Wilson v. People
New York Supreme Court
This was a writ of error to the Court of Oyer and Terminer of Albany county. The prisoner had been indicted for the murder of Patrick McCarty, and pleaded not guilty.
Read the full summary
This was a writ of error to the Court of Oyer and Terminer of Albany county. The prisoner had been indicted for the murder of Patrick McCarty, and pleaded not guilty. He was tried before Mr. Justice Could and the justices of the Sessions, at a term of the Oyer and Terminer, commencing on the 15th of February, 1859. The District Attorney upon the trial called as a witness, on the part of the People, Dexter Potter, who testified: I reside at Ticonderoga; in October, 1858, I was engaged in boating, from Port Henry along the Northern canal; was captain of the boat “ P. M. Bakerknew Patrick…
1Opinion of the CourtWright, J.
The death of McCarty was caused by drowning. It was the indirect result of the act of the prisoner Wilson. The blow inflicted would not have produced death, but it caused temporary insensibility, and when McCarty fell, or was knocked into the canal by its force, he was unable to -help himself, and was drowned. The questions on the trial were: 1st. Was Wilson guilty of any offence; and 2d. If so, was it murder or manslaughter in one of the degrees defined by statute ? These were questions for the jury, under proper instructions from the court.
It appears from the bill of exceptions, that the…
2Cases cited1 opinion
- People v. RectorNew York Supreme Court · 1838
3Cited by10 opinions
- People v. HareMichigan Supreme Court · 1885
- Kennedy v. . the PeopleNew York Court of Appeals · 1868
- People v. KnappCalifornia Supreme Court · 1886
- State v. GruginSupreme Court of Missouri · 1898
- People v. LewisAppellate Division of the Supreme Court of the State of New York · 1953
5 more not listed; retrieve them via the Exa API.