Legal Opinion

People v. . McGrath

New York Court of Appeals

Decided October 3, 1911PublishedCited by 47 opinions

Appeal from a judgment of the Supreme Court rendered February 28,1910', at a Trial Term for the county of ¡New York 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.

1Opinion of the Court

Willard Bartlett, J.:

The indictment, which is in the common-law form, charges the defendant with having feloniously and of his malice aforethought killed one Benjamin Bose at the city of Flew York on the 6th day of September, 1909, by stabbing him in the throat with a knife.

It was found in the Court of General Sessions and duly transferred to the Supreme Court, where the case was tried and the jury rendered a verdict of guilty of murder in the second degree on the 5th day of February, 1910. Upon this first trial the People were represented by Mr. Frank Moss, assistant district attorney, and…

2Cases cited3 opinions

  1. Trono v. United StatesSupreme Court of the United States · 1905
  2. People v. . PalmerNew York Court of Appeals · 1888
  3. People v. . CignaraleNew York Court of Appeals · 1888

3Cited by47 opinions

  1. United States ex rel. Hetenyi v. WilkinsCourt of Appeals for the Second Circuit · 1965
  2. People v. JacksonNew York Court of Appeals · 1967
  3. State v. GeorgeSupreme Court of Louisiana · 1950
  4. People v. CattenNew York Court of Appeals · 1987
  5. People Ex Rel. Brinkman v. BarrNew York Court of Appeals · 1928

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