Legal Opinion

People v. Butler

New York Supreme Court

Decided April 15, 1857PublishedCited by 1 opinion

This was a certiorari to the Court of Sessions of Kings county, in which the prisoner had been convicted of manslaughter in the first degree.

1Opinion of the Court

By the Court, S. B. Strong, P. J.

The indictment in this case is in the common law form for manslaughter, without specifying any facts to designate the degree, under the provisions of the Revised Statutes. The counsel for the prisoner supposes that the omission is fatal to the validity of the indictment, or that at any rate it does not sufficiently charge the crime of manslaughter in the first degree, and that therefore the conviction in this case, which was for that offence, cannot be sustained.

It was decided by the Court for the Correction of Errors, in the case of The People v. Enoch (13…

2Cases cited4 opinions

  1. People v. RectorNew York Supreme Court · 1838
  2. People v. EnochCourt for the Trial of Impeachments and Correction of Errors · 1834
  3. People v. WhiteCourt for the Trial of Impeachments and Correction of Errors · 1840
  4. People ex rel. Case v. Judges of the Dutchess Oyer & TerminerNew York Supreme Court · 1847

3Cited by1 opinion

  1. People v. StacyAppellate Division of the Supreme Court of the State of New York · 1907

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