People v. Petmecky
New York Supreme Court
Appeal frem judgment convicting defendant of murder in the first degree. The defendant Franz Joseph Petmecky was indicted in October, 1883, in the Court of Oyer and Terminer of Cayuga county, for the murder of' Paulina Froitzheim, on June 1, 1883, at Auburn, U. Y., and in January, 1883, he was tried before Justice Dwight and a jury, found guilty, and sentenced to be hanged. The facts and exceptions appear in the opinions.
1Dissent
Barker, J. (Dissenting.)
When the people rested their case, evidence had been given tending to prove that the defendant was guilty of the homicide charged in the indictment, all such evidence being circumstantial in its character, but establishing quite satisfactorily that he was the guilty person.
Thereupon the defendant went to the stand and was sworn as a witness in his own behalf and testified relative to the receipt by him of certain letters from the hands of one of the witnesses, Mrs. Lamperts, and that the same was not at that time in his possession nor under his control.
He also…
2Cases cited10 opinions
- Pease v. . SmithNew York Court of Appeals · 1875
- People v. SpragueCalifornia Supreme Court · 1879
- Dunn v. . the PeopleNew York Court of Appeals · 1864
- Deering v. . MetcalfNew York Court of Appeals · 1878
- Mercer v. WrightWisconsin Supreme Court · 1854
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