McCann v. People
New York Supreme Court
Error to the Columbia Oyer and Terminer, in which court the prisoner was tried and convicted of murder. The questions involved sufficiently appear in the opinion of the court.
1Opinion of the Court
By the Court, Ingalls, J.
At the Oyer and Terminer, held in and for the county of Columbia, in April, 1866, Barney McCann was tried and convicted of the murder of Edward Pye. The prisoner, with several others, met at the house of one Mrs. Eiley and indulged in drinking liquor. Pye was present, and a dispute arose between him and the prisoner in relation to some tobacco. The witnesses agree that McCann asked Pye for a chew of tobacco, which was refused. One witness states that Pye, in answer to the request, said, “I would sooner hit you in the face than give you a chew.” Another witness gives…
2Cases cited3 opinions
- The People v. . ClarkNew York Court of Appeals · 1852
- Davis v. . SpencerNew York Court of Appeals · 1862
- People v. JohnsonNew York Supreme Court · 1851