People v. . Flack
New York Court of Appeals
Appeal from a judgment of the Court of General sessions of the Peace in the county of New York rendered March 15, 1915, 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 People failed to establish defendant’s guilt beyond a reasonable doubt.
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Appeal from a judgment of the Court of General sessions of the Peace in the county of New York rendered March 15, 1915, 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 People failed to establish defendant’s guilt beyond a reasonable doubt. (People v. Corey, 157 N. Y. 332; People v. Bennett, 49 N. Y. 137; People v. Owens, 148 N. Y. 648; People v. Dohring, 59 N. Y. 378; Buel v. People, 78 N. Y. 495.) When the judgment is of death the Court of Appeals may order a new trial, if it be satisfied that…
1Opinion of the Court
Willard Bartlett, Ch. J.:
Some time between the 8th and 10th days of April, 1914, one Guiseppe Marino was shot to death in a room on the top floor of the house No. 634 East Thirteenth street in the city of New York. The defendant has been convicted of the premeditated and deliberate murder of this man upon evidence which not only justified, but required the submission of the case to the jury, and which is amply sufficient to sustain their verdict. The case for the People consisted largely of confessions by the defendant and corroborative evidence given by Louisa Macaluso in whose room Marino…
2Cases cited10 opinions
- Matter of the Application of Cooper, Etc.New York Court of Appeals · 1883
- Stemmler v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1904
- Dunham v. . TownshendNew York Court of Appeals · 1890
- Dunford v. . WeaverNew York Court of Appeals · 1881
- Rockwell v. . MerwinNew York Court of Appeals · 1871
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3Cited by23 opinions
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- Bull v. . BurtonNew York Court of Appeals · 1919
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- Kirp v. Caleb's Path Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1963
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