People v. Gerdvine
New York Court of Appeals
Appeal from a judgment of the Supreme Court, rendered May 20,1913, at a Trial Term for the county of Orange, upon a. verdict convicting the defendant of the crime of murder in the first degree. The facts, so far as material, are stated in the opinion.
1Opinion of the Court
Miller, J.:
It is undisputed that on the sixth day of December, 1912, the defendant shot and killed one Theodore Faller. The People’s evidence tends to establish all of the elements of the crime of murder in the first degree. The defendant, while not denying that he committed the homicide, testified in substance that he was intoxicated and had no recollection of what occurred.
The court charged the jury inter alias. “ The defendant is an interested party, he is interested in the result of this trial, and the interest of a witness is always to be considered by the jury on the question of his…
2Cases cited18 opinions
- Real v. . the PeopleNew York Court of Appeals · 1870
- The People v. . RogersNew York Court of Appeals · 1858
- The People v. . EastwoodNew York Court of Appeals · 1856
- People v. . FishNew York Court of Appeals · 1891
- People v. . LeonardiNew York Court of Appeals · 1894
13 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- People v. WeaverAppellate Division of the Supreme Court of the State of New York · 1919
- People v. OchsNew York Court of Appeals · 1957
- State v. BudgeSupreme Judicial Court of Maine · 1927
- People v. SuarezAppellate Division of the Supreme Court of the State of New York · 1986
- People v. OhanianNew York Court of Appeals · 1927
21 more not listed; retrieve them via the Exa API.