Legal Opinion

People v. . Packenham

New York Court of Appeals

Decided June 25, 1889PublishedCited by 11 opinions

Appeal from judgment of the Court of General Sessions in and for the city and county of New York, entered upon a verdict convicting the defendant of the crime of murder in the first degree. The challenge of the jurors, who were present when defendant offered to plead guilty to manslaughter in the first degree was refused by the district attorney, was improperly overruled.

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Appeal from judgment of the Court of General Sessions in and for the city and county of New York, entered upon a verdict convicting the defendant of the crime of murder in the first degree. The challenge of the jurors, who were present when defendant offered to plead guilty to manslaughter in the first degree was refused by the district attorney, was improperly overruled. (People v. Greenfield, 74 N. Y. 277; People v. McQuade, 110 id. 284.) Under the Code of Criminal Procedure the People must first challenge and exhaust all their challenges as to any particular juror before the defendant…

1Opinion of the CourtFinch, J.

The prisoner was convicted of murder in the first degree, and from that judgment has brought this appeal. There is no just ground for the reversal which he seeks. That the offense was committed, that the accused cut his wife’s throat with a razor, almost without provocation and under circumstances of great brutality, is entirely certain. The defense of alcoholic insanity was not at all established, and we see no reason to disagree with the verdict of the jury upon the facts. The alleged errors of law require but a brief consideration.

A question put to officer Cairns was admitted under…

2Cases cited1 opinion

  1. The People v. . ConroyNew York Court of Appeals · 1884

3Cited by11 opinions

  1. Queenan v. Territory of OklahomaSupreme Court of Oklahoma · 1901
  2. Owen v. StateCourt of Criminal Appeals of Texas · 1907
  3. People v. . StraitNew York Court of Appeals · 1896
  4. Knight v. . FosterSupreme Court of North Carolina · 1913
  5. Palmer v. SchurzSouth Dakota Supreme Court · 1908

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