People v. Hill
New York Supreme Court
Appeal from court of sessions, Delaware county. Indictment against Samuel P. Hill for murder in the second degree. Judgment of conviction, from which, and an order denying a motion for a new trial, defendant appeals. Reversed.
Read the full summary
Appeal from court of sessions, Delaware county. Indictment against Samuel P. Hill for murder in the second degree. Judgment of conviction, from which, and an order denying a motion for a new trial, defendant appeals. Reversed. It appears, by the statement of facts contained in the appellant’s brief, that he was indicted by the grand jury of Delaware county for murder in the second degree, for having killed one Robert Peasley on the 10th day of September, 1886, at the town of Sidney, in that county. To this indictment the defendant pleaded not guilty. His defense was justifiable homicide. He…
1Opinion of the CourtMartin, J.
The material issue in this case was whether the defendant killed Robert Peasley under such circumstances as to constitute a crime, or whether such killing was justifiable. That being the principal issue in the case, the court charged: “If you shall believe that the defendant was justified in this attack, and I mean by that if you shall tie convinced by the evidence beyond reasonable doubt that he was justified in it, then your verdict shall be, ‘FTot guilty.’ ” Thus the court, in effect, instructed the jury, not only that the defendant must justify his attack, thereby casting the burden of…
2Cases cited4 opinions
- Greene v. . WhiteNew York Court of Appeals · 1867
- People v. . DownsNew York Court of Appeals · 1890
- People v. . RiordanNew York Court of Appeals · 1889
- People v. HillNew York Supreme Court · 1888
3Cited by4 opinions
- Krulder v. WoolvertonThe Superior Court of the City of New York and Buffalo · 1894
- Krulder v. WoolvertonThe Superior Court of New York City · 1894
- People v. HillNew York Supreme Court · 1893
- People v. HillNew York Supreme Court · 1893