People v. . De Garmo
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 22, 1902, which affirmed a judgment of the Livingston County Court convicting the defendant of the crime of manslaughter in the first degree. The facts, so far as material, are stated in the opinion. The court erred in the admissibility of testimony upon the trial of the action which seriously prejudiced the defendant’s case.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 22, 1902, which affirmed a judgment of the Livingston County Court convicting the defendant of the crime of manslaughter in the first degree. The facts, so far as material, are stated in the opinion. The court erred in the admissibility of testimony upon the trial of the action which seriously prejudiced the defendant’s case. (People v. Sharp, 107 N. Y. 427; People v. Shulman, 80 N. Y. 376; People v. Gibbs, 93 N. Y. 470; Coleman v. People, 52 N. Y. 82; People v. Bean, 67 N. Y. S.…
1Opinion of the CourtWerner, J.
The indictment herein charges the defendant with the crime of manslaughter in the first degree, and the specification is that on the 25th day of October, 1900, the defendant, “with force and arms and while engaged in committing a misdemeanor on the person of one Marie Lennon, to wit, an assault, did then and there feloniously, in the heat of passion and in a cruel and unusual manner, strike, beat, kick and wound said Marie Lennon upon the body and head, and did otherwise injure her,” inflicting one or more mortal wounds which caused her death.
The defendant demurred to the indictment on…
2Cases cited8 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
- People v. . WebsterNew York Court of Appeals · 1893
- People v. . MillerNew York Court of Appeals · 1902
- Lawrence v. BarkerNew York Supreme Court · 1830
3 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- State v. GoebelWashington Supreme Court · 1950
- People v. ZackowitzNew York Court of Appeals · 1930
- People v. . RosenheimerNew York Court of Appeals · 1913
- United States v. SagerCourt of Appeals for the Second Circuit · 1931
- People v. VollmerNew York Court of Appeals · 1949
35 more not listed; retrieve them via the Exa API.