People v. . Reilly
New York Court of Appeals
Appeal from a judgment -of the Appellate Division of the Supreme Court in the First Judicial Department, -entered February 15, 1918, which reversed a judgment of the Court of General Sessions of the Peace in the county of New York rendered upon a verdict convicting the defendant of the crime of assault in the second degree and granted a new .trial.
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Appeal from a judgment -of the Appellate Division of the Supreme Court in the First Judicial Department, -entered February 15, 1918, which reversed a judgment of the Court of General Sessions of the Peace in the county of New York rendered upon a verdict convicting the defendant of the crime of assault in the second degree and granted a new .trial. The facts, so far as material, are stated in the opinion. - The falseness of defendant’s statement destroyed his claim of privilege. (Comm. v. Knapp, 9 Pick. 496; 10 Pick. 477; Greenl. on Ev. [16th ed.], § 379; Wigmore on Ev. 950, § 834; Cowen &…
1Opinion of the Court
Hiscock, Ch. J.:
The defendant was convicted of the crime of assaut in the second degree because he shot a man named Tynan with a revolver, at a large pleasure resort and drinking place in the upper part of Hew York city. This judgment has been reversed because of error in the admission of evidence.
On the trial defendant by his evidence and arguments claimed that he never intentionally shot Tynan. His defense in substance was that he had become involved in a controversy with a group of men, some or all of whom were criminals, and . whereby he had been led to believe that his life was in…
2Cases cited8 opinions
- People v. AmmermanCalifornia Supreme Court · 1897
- State v. MoranOregon Supreme Court · 1887
- State v. NovakSupreme Court of Iowa · 1899
- State v. GilmanSupreme Judicial Court of Maine · 1862
- State v. CadotteMontana Supreme Court · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Stein v. New YorkSupreme Court of the United States · 1953
- People v. LeyraNew York Court of Appeals · 1951
- Brandenburg v. Court of General Sessions of New York CountyNew York Supreme Court · 1947
- People v. CreedenNew York Court of Appeals · 1939
- People v. GorneyNew York Supreme Court · 1951
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