McKenna v. . the People
New York Court of Appeals
Error to the General Term of the Supreme Court, in the first judicial department, to review judgment of the Court of General Sessions of the Peace, in and for the city and county of New York, convicting the plaintiff in error of the crime of manslaughter in the third degree. (Mem. of decision below, 18 Hun, 580.) The charge of Ike judge as to murder in the second degree was erroneous.
Read the full summary
Error to the General Term of the Supreme Court, in the first judicial department, to review judgment of the Court of General Sessions of the Peace, in and for the city and county of New York, convicting the plaintiff in error of the crime of manslaughter in the third degree. (Mem. of decision below, 18 Hun, 580.) The charge of Ike judge as to murder in the second degree was erroneous. (Stokes v. People, 53 N. Y. 164.) A prisoner cannot avail himself of a ruling of the court and afterward object to it where no exception was taken. (Slattery v. People, 1 Hun, 311; Fralich v. People, 65 Barb.…
1Opinion of the CourtDanforth, J.
The issue in this case turned upon the weight of. evidence, which was conflicting; and, although the plaintiff in error was convicted of manslaughter in the third degree only, it is, I think, impossible to say that this result was not, in some measure, brought about by the charge of the learned trial judge, “ that the jury, if they believed the evidence offered in behalf of the people to be true, would be justified in finding the prisoner guilty of murder in the second degree.” The learned judge properly defined this offense, saying, it “ is the unlawful killing of a human being…
2Cases cited2 opinions
- Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
- Bulkeley v. . KeteltasNew York Court of Appeals · 1852
3Cited by21 opinions
- People v. . FlackNew York Court of Appeals · 1891
- People v. . WalkerNew York Court of Appeals · 1910
- People v. HortonNew York Court of Appeals · 1966
- People v. LintzMichigan Supreme Court · 1928
- People v. . TuczkewitzNew York Court of Appeals · 1896
16 more not listed; retrieve them via the Exa API.