Shufflin v. . People of the State of N.Y.
New York Court of Appeals
Ebbob to the General Term of the Supreme Court, in the first judicial department, to review judgment affirming judgment of the Court of Oyer and Terminer, in and for the city and county of Yew York, entered upon a verdict convicting plaintiff in error of the crime of murder in the second degree. (Beported below, 4 Hun, 16; 6 T. & C., 215,) Plaintiff in error was indicted for the murder of his wife.
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Ebbob to the General Term of the Supreme Court, in the first judicial department, to review judgment affirming judgment of the Court of Oyer and Terminer, in and for the city and county of Yew York, entered upon a verdict convicting plaintiff in error of the crime of murder in the second degree. (Beported below, 4 Hun, 16; 6 T. & C., 215,) Plaintiff in error was indicted for the murder of his wife. He was tried April 16th, 1873. The testimony on the part of the prosecution was to the effect that On the 15th January, 1873, deceased was found in a tenement house, lying on the floor near the…
1Opinion of the CourtRapallo, J.
The judge in charging the jury, instructed them explicitly as to the distinction between murder and manslaughter. That in murder there must be an intent to kill, and that to constitute manslaughter it was not necessary that there should be such intent. He further instructed them, that the courts looked leniently upon a man who slays his wife, when caught in the act of adultery, from the excitement consequent- upon the discovery and a momentary deprivation of control on his part; that that was what was covered by the “ heat of passion ” when there was no intention to kill, as used in the…
2Cited by9 opinions
- Henning v. StateIndiana Supreme Court · 1886
- Cook v. StateSupreme Court of Florida · 1903
- People v. . WoodNew York Court of Appeals · 1891
- People v. SpurlinCalifornia Court of Appeal · 1984
- People v. . GarfaloNew York Court of Appeals · 1912
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