People v. . Huter
New York Court of Appeals
Appeal from a judgment of the Court of General Sessions of the Peace in and for the county of Hew York, rendered May 20, 1904, 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. The court committed reversible error in its charge to the jury. (Penal Code, § 183, subd. 1; People v. Barberi, 149 N. Y. 256; People v. Sullivan, 173 N. Y. 122; People v. Young, 40 Misc.
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Appeal from a judgment of the Court of General Sessions of the Peace in and for the county of Hew York, rendered May 20, 1904, 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. The court committed reversible error in its charge to the jury. (Penal Code, § 183, subd. 1; People v. Barberi, 149 N. Y. 256; People v. Sullivan, 173 N. Y. 122; People v. Young, 40 Misc. Rep. 256.) The defendant did not cease to be engaged in the commission of a felony simply because he had left the premises in which the felony…
1Opinion of the CourtHaight, J.
Between four and five o’clock on the morning of March 20th, 1905, the defendant broke into the bake-shop of Paul Scheel, located in the basement of premises Ho. 901 Third avenue, between Fifty-fourth and Fifty-fifth streets in the city of Hew York. At the time, he had a horse and wagon, stationed in front of the premises, in the care of one Joseph Pesce. He had removed from the bake-shop a crate of eggs and placed it in the wagon, and had returned to the shop to get another crate, when he was discovered by a private watchman. The defendant, on discovery, ran out of the premises and told Pesce…
2Cases cited9 opinions
- People v. . SullivanNew York Court of Appeals · 1903
- People v. RectorNew York Supreme Court · 1838
- Cox v. . the PeopleNew York Court of Appeals · 1880
- Dolan v. . PeopleNew York Court of Appeals · 1876
- People v. . JohnsonNew York Court of Appeals · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- People v. IrelandCalifornia Supreme Court · 1969
- People v. AaronMichigan Supreme Court · 1980
- People v. CahillNew York Court of Appeals · 2003
- People v. MoranNew York Court of Appeals · 1927
- People v. WilsonCalifornia Supreme Court · 1969
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