Darry v. People
Court Of Oyer And Terminer New York
The plaintiff in error was convicted of the murder of his wife at the court of Oyer and Terminer for the comity of Erie, on the 15th day of December, 1852. A bill of exceptions was taken on the trial, and the presiding judge of the Oyer and Terminer having made a certificate of probable cause, the proceedings were removed into the Supreme Court by certiorari, where judgment was rendered in favor of the people, and th,. prisoner was sentenced to be executed.
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The plaintiff in error was convicted of the murder of his wife at the court of Oyer and Terminer for the comity of Erie, on the 15th day of December, 1852. A bill of exceptions was taken on the trial, and the presiding judge of the Oyer and Terminer having made a certificate of probable cause, the proceedings were removed into the Supreme Court by certiorari, where judgment was rendered in favor of the people, and th,. prisoner was sentenced to be executed. The governor having respited the sentence a writ of error was brought to this court. The indictment charged the killing to have been…
1Opinion of the CourtDenio, J.
The offence of murder, though the most heinous crime that can be committed against an individual, had not, either in England or in this state, been subjected to a legislative definition, until it was done in the enactment of the Revised Statutes in the year 1830. By the ancient common law the distinction in felonious homicide between killing with or without malice, was merely nominal, both being indiscriminately punished with death. It was said that although the malice made the fact more obvious, yet it was nothing more than the manner of the fact, and not the substance; and the term…
2Cases cited1 opinion
- People v. RectorNew York Supreme Court · 1838
3Cited by3 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- Lackey v. StateMississippi Supreme Court · 1951
- People v. MontgomeryCourt Of Oyer And Terminer New York · 1872