People v. McKenzie
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary H. McKenzie, from a judgment of the Court of Sessions of the county of Queens, rendered on the 18th day of March, 1895, upon the verdict of a jury convicting her of the crime of assault in the second degree.
1Opinion of the Court
Cullen, J.:
The appellant was indicted for and convicted of assault in the second degree, in discharging a loaded pistol at one Daniel K. Hall. When the defendant fired the pistol she was in her house and Hall was passing on the highway some seventy or eighty feet distant. The defendant testified that the pistol discharged by her (a revolver) was loaded with blank cartridges only. In submitting the case to the jury the court charged “ It is not necessary, in order to constitute this offense of assault in the second degree, that it should appear that the firearm used was loaded with powder and…
2Cases cited3 opinions
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1872
- The People v. . IrvingNew York Court of Appeals · 1884
- People v. RyanNew York Supreme Court · 1889
3Cited by7 opinions
- State v. CochranCourt of Appeals of Georgia · 1975
- Beck v. LibraroAppellate Division of the Supreme Court of the State of New York · 1927
- People v. WoodAppellate Division of the Supreme Court of the State of New York · 1960
- People v. KingAppellate Division of the Supreme Court of the State of New York · 1961
- People v. DeckenbrockAppellate Division of the Supreme Court of the State of New York · 1913
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