In re People
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Simons, J. P.
Defendant has been convicted of murder, second degree, for aiding his wife, Mavis Egan, to kill her former husband, James Gerks. In submitting the issue of intentional killing to the jury, the court charged it that "a person is presumed to intend the natural and probable consequences of his act and if the consequences are natural and probable, you will not be heard to say that he did not intend them.” The sense of this instruction was that if the jurors found defendant’s acts caused the death of James Gerks, they must presume that he intentionally aided his…
2Cases cited19 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- People v. CrimminsNew York Court of Appeals · 1975
- Dunaway v. New YorkSupreme Court of the United States · 1979
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- Morissette v. United StatesSupreme Court of the United States · 1952
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3Cited by18 opinions
- People v. MitchellNew York Court of Appeals · 1983
- People v. EganAppellate Division of the Supreme Court of the State of New York · 1980
- State v. AmadoSupreme Court of Rhode Island · 1981
- People v. BarrAppellate Division of the Supreme Court of the State of New York · 1980
- People v. GardnerAppellate Division of the Supreme Court of the State of New York · 1990
13 more not listed; retrieve them via the Exa API.