People v. . McPherson
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 8, 1916, which reversed a judgment of the Kings County Court rendered upon a verdict convicting the defendant, as a second offender, of the crime of carrying a dangerous weapon and granted a new trial. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 8, 1916, which reversed a judgment of the Kings County Court rendered upon a verdict convicting the defendant, as a second offender, of the crime of carrying a dangerous weapon and granted a new trial. The facts, so far as material, are stated in the opinion. The instrument found upon the person of the respondent and offered in evidence was in fact a bludgeon, and the court committed no error in leaving its character as a question of fact to the jury. (People v. Criscuoli,…
1Opinion of the Court
McLaughlin, J.:
The defendant was convicted, as a second offender, of the crime of carrying a dangerous weapon, viz., a bludgeon. He appealed from the judgment of conviction to the Appellate Division, second department, where, by a divided court, the judgment was reversed on the law and affirmed on the facts and a new trial ordered. From the order entered to that effect the People appeal to this court.
Between eight and nine o’clock on the evening of April 29, 1916, a police officer saw the defendant running along the west side of Third avenue, in the city of Brooklyn, in pursuit of one Ludoff,…
2Cited by13 opinions
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- People v. AdamkiewiczNew York Court of Appeals · 1948
- The People v. Alexis OcasioNew York Court of Appeals · 2016
- People v. VisaritiesAppellate Division of the Supreme Court of the State of New York · 1927
- People v. WilliamsCalifornia Court of Appeal · 1929
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