Legal Opinion

Friery v. People

New York Court of Appeals

Decided March 15, 1866PublishedCited by 11 opinions

Writ of Error to the Supreme Court. The plaintiff in error was indicted in the Court of General Sessions of the Peace of the city and county of Hew York, for the murder of Henry Lazarus, in that city, on the 3d January, 1865. The trial took place in that court February 13th, 1865, before the Hon. John T. Hoeeman, Becorder.

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Writ of Error to the Supreme Court. The plaintiff in error was indicted in the Court of General Sessions of the Peace of the city and county of Hew York, for the murder of Henry Lazarus, in that city, on the 3d January, 1865. The trial took place in that court February 13th, 1865, before the Hon. John T. Hoeeman, Becorder. It appeared that at the close of 1864, and at the beginning of 1865, Lazarus, the deceased, and Friery, the prisoner, kept adjoining drinking and rival lunch saloons in East Houston street. Between three and four o’clock, on the morning of the 3d of January, 1865, a sleigh…

1Opinion of the CourtWright, J.

The evidence, which was undisputed, disclosed a clear case of murder. The accused and the deceased were keepers of adjoining liquor and lunch saloons, in this city, in the early part of January, 1865, and had been for several months previously. Ho direct proof was given of any personal difficulty prior to the occurrence which resulted in the death of Lazarus, though from their acts and expressions on that occasion, it is to be inferred that ill feeling existed between them. About three o’clock on the morning of the 3d January, the accused and three of his companions (Clark, McDonald *436and…

2Cases cited1 opinion

  1. Freeman v. PeopleNew York Supreme Court · 1847

3Cited by11 opinions

  1. Dolan v. . PeopleNew York Court of Appeals · 1876
  2. Hildreth v. . City of TroyNew York Court of Appeals · 1886
  3. Commonwealth v. BestMassachusetts Supreme Judicial Court · 1902
  4. State ex rel. Dunn v. NoyesWisconsin Supreme Court · 1894
  5. People v. DamronAppellate Division of the Supreme Court of the State of New York · 1913

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