Legal Opinion

People v. . McElvaine

New York Court of Appeals

Decided April 29, 1890PublishedCited by 28 opinions

Appeal by defendant, Charles McElvalue, from a judgment of the court of sessions of Kings county, entered 23d October, 1889, upon a verdict convicting defendant of the crime of murder in the first degree. The facts are sufficiently given in the opinion of the court.

1Opinion of the CourtRuger, C.J.

The defendant upon trial was convicted of the crime of murder in the first degree for having killed one Luca in his own house in Brooklyn, about 3 o’clock in the morning of the 23d day of August, 1889. The evidence showed that the defendant entered the house through a window in the second floor, by means of a ladder, which he found on the premises, and that such entrance was effected by forcibly removing a wire screen from the window. Access to this window was obtained from a back yard into which an unlocked gate opened from the street. The deceased was killed by stabs with a knife inflicted…

2Cases cited6 opinions

  1. Reynolds v. . RobinsonNew York Court of Appeals · 1876
  2. Sanchez v. . the PeopleNew York Court of Appeals · 1860
  3. Guiterman v. Liverpool, New York & Philadelphia Steamship Co.New York Court of Appeals · 1881
  4. The People v. . LakeNew York Court of Appeals · 1855
  5. People v. . BarberNew York Court of Appeals · 1889

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3Cited by28 opinions

  1. People v. Le DouxCalifornia Supreme Court · 1909
  2. McElvaine v. BrushSupreme Court of the United States · 1891
  3. People v. SamuelsNew York Court of Appeals · 1951
  4. People v. . McElvaineNew York Court of Appeals · 1891
  5. People v. KeoughNew York Court of Appeals · 1937

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