Buel v. . the People
New York Court of Appeals
Error to the General (Term of the Supreme Court, in the third judicial department, to review judgment affirming a judgment of the Court of Oyer and Terminer in and for the county of Otsego, entered upon a verdict convicting the plaintiff in error of the crime of murder in the first degree. (Reported below, 18 Hun, 487.) The facts appear sufficiently in the opinion.
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Error to the General (Term of the Supreme Court, in the third judicial department, to review judgment affirming a judgment of the Court of Oyer and Terminer in and for the county of Otsego, entered upon a verdict convicting the plaintiff in error of the crime of murder in the first degree. (Reported below, 18 Hun, 487.) The facts appear sufficiently in the opinion. The court erred in charging the jury in effect that they should bring in either a verdict of murder in the first degree, or else a verdict of acquittal. (3 R. S. [6th ed.], 995, § 48; Didieu v. People, 22 N. Y., 180; Foster v.…
1Opinion of the CourtMiller, J.
The prisoner was convicted of the crime of murder in the first degree. The indictment contained sixteen different counts ; eight of them were framed charging that the offense of murder had been committed in contravention of the first subdivision of section five of 2 Revised Statutes, 656 [1st ed.] ; and the remaining eight under the third subdivision of the same statute, as amended by chapter 644, S. L., of 1873 and by chapter 333 of the S. L., of 1876. The statute is as follows : “ Such killing, unless it be manslaughter or excusable, or justifiable homicide, as hereinafter provided, shall…
2Cases cited7 opinions
- Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
- The People v. . BennettNew York Court of Appeals · 1872
- People v. RectorNew York Supreme Court · 1838
- Dolan v. . PeopleNew York Court of Appeals · 1876
- Foster v. . the PeopleNew York Court of Appeals · 1872
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3Cited by35 opinions
- People v. . SullivanNew York Court of Appeals · 1903
- People v. WoodNew York Court of Appeals · 1960
- People v. . CohenNew York Court of Appeals · 1918
- Commonwealth v. GricusMassachusetts Supreme Judicial Court · 1944
- People v. . HuterNew York Court of Appeals · 1906
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