People v. Lamb
New York Supreme Court
BIT of error to the ¡New York general sessions. The plaintiff in error was indicted in the general sessions, in February, 1865, for the murder of his wife, Johanna Lamb. The case was tried in that court on the 20th day of March, 1865, and resulted in a verdict of murder in the first degree. Upon the trial it appeared' that the prisoner and his wife resided in the basement of a tenement- house at 24 Oak street.
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BIT of error to the ¡New York general sessions. The plaintiff in error was indicted in the general sessions, in February, 1865, for the murder of his wife, Johanna Lamb. The case was tried in that court on the 20th day of March, 1865, and resulted in a verdict of murder in the first degree. Upon the trial it appeared' that the prisoner and his wife resided in the basement of a tenement- house at 24 Oak street. The prisoner and deceased appear, from the evidence, to have been living on bad terms. Upon the-evening of the 11th of February, 1865, upon the return of the prisoner and his wife home,…
1Opinion of the CourtIngraham, P. J.
When the evidence is offered to show that the prisoner killed the deceased in self defense, and that he feared the deceased intended to attack him, the rule is that the prisoner must have had reasonable ground for believing the deceased intended to take his life or to do him bodily harm,-and that there was reasonable ground for supposing the danger imminent that such design would be accomplished, although it should afterwards appear that no such design existed—that there was no real danger of its being perpetrated. ■ (See various authorities in Pfomer v. The People, 4 Park. C. R. 558.)
The…
2Cited by3 opinions
- Abernethy v. CommonwealthSupreme Court of Pennsylvania · 1882
- Macfarland's TrialNew York Court of General Session of the Peace · 1870
- Morss v. GleasonNew York Supreme Court · 1874