People v. . Monat
New York Court of Appeals
Appeal from a judgment of the Supreme Court, rendered June 29, 1909, at a Trial Term for the county of Dutchess, 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 judge virtually charged the jury that their verdict must be murder in the first degree, or not guilty by reason of insanity. This was error. (People v. Young, 96 App.
Read the full summary
Appeal from a judgment of the Supreme Court, rendered June 29, 1909, at a Trial Term for the county of Dutchess, 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 judge virtually charged the jury that their verdict must be murder in the first degree, or not guilty by reason of insanity. This was error. (People v. Young, 96 App. Div. 38; People v. Granger, 187 N. Y. 72; People v. Sullivan, 173 N. Y. 123.) It was error in the court, after the jury had retired and returned for instructions, to furnish…
1Opinion of the CourtHiscock, J.
The defendant has been convicted of the crime of murder in the first degree because he killed one Kliff early in the morning of January 24, 1909, in the latter’s restaurant. The theory of the prosecution in brief was and is that defendant and one Oonrow, who were co-employees on a railroad, formed a scheme to rob the deceased of several hundred dollars, which he was known to keep in his house; that in pursuance of this scheme on the morning in question the defendant went to Kliff’s house, wherein was a store or saloon, and struck down Kliff with a piece of iron, causing injuries from which he…
2Cases cited2 opinions
- People v. . SchleimanNew York Court of Appeals · 1910
- People v. . FurlongNew York Court of Appeals · 1907
3Cited by9 opinions
- People v. MussendenNew York Court of Appeals · 1955
- People v. OwensNew York Court of Appeals · 1987
- People v. . CohenNew York Court of Appeals · 1918
- People v. HudsonNew York Court of Appeals · 1967
- Baker v. StateIndiana Supreme Court · 1921
4 more not listed; retrieve them via the Exa API.