Legal Opinion

People v. . Chiaro

New York Court of Appeals

Decided January 3, 1911PublishedCited by 5 opinions

Appeal from a judgment of the Supreme Court, rendered March 28, 1910, at a Trial Term for the county of Onondaga, upon a verdict convicting the defendant of the crime of murder in the first degree. The facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Supreme Court, rendered March 28, 1910, at a Trial Term for the county of Onondaga, upon a verdict convicting the defendant of the crime of murder in the first degree. The facts, so far as material, are stated in the opinion. The question of defendant’s guilt of the crime of murder in the first degree should not have been submitted to the jury, and the finding of the jury on this question is against the evidence and against the weight of evidence. (People v. Raffo, 180 N. Y. 434; People v. Barberi, 149 N. Y. 256; People v. Mangano, 29 Hun, 259; Daly v. People, 32…

1Opinion of the CourtCollin, J.

The defendant on Sunday, January 30, 1910, caused the death of William F. Keene by shooting him with a revolver. At about six o’clock in the afternoon of that day, the defendant, said Keene and William F. Marsh were in the yard of the Warner-Quinlan Company at Syracuse, FT. Y. Defendant was in the employ of that company as a laborer, Keene as a teamster and watchman at the yard and Marsh as a foreman and watchman at the yard. The defendant asked Marsh, who as night watchman was about to take the place of Keene as day watchman, to let him watch that night and Marsh replied that the company did…

2Cases cited1 opinion

  1. People v. . GovernaleNew York Court of Appeals · 1908

3Cited by5 opinions

  1. State v. AnselmoUtah Supreme Court · 1915
  2. People v. OliverAppellate Division of the Supreme Court of the State of New York · 1957
  3. People v. . EmieletaNew York Court of Appeals · 1924
  4. People v. LoveNew York Supreme Court · 1966
  5. People v. BarbieriAppellate Division of the Supreme Court of the State of New York · 1923

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