Sindram v. . People of the State of New York
New York Court of Appeals
Error to the General Term of the Supreme Court, in the first judicial department, to review judgment entered upon .an order made January 31, 1882, which affirmed a judgment convicting the plaintiff in error of the crime of murder in the first degree. The facts material to the questions discussed are stated in the opinion. The court erred in excluding the offer to show that the prisoner had an irascible temper, and was subject to fits of passion from slight causes.
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Error to the General Term of the Supreme Court, in the first judicial department, to review judgment entered upon .an order made January 31, 1882, which affirmed a judgment convicting the plaintiff in error of the crime of murder in the first degree. The facts material to the questions discussed are stated in the opinion. The court erred in excluding the offer to show that the prisoner had an irascible temper, and was subject to fits of passion from slight causes. (McIntosh’s History of England, vol. 3, p. 36; Jamison’s Logic, p. 37, chap. 4, book 1, § 83; Wharton & Styles’ Physc. Law, §§…
1Opinion of the CourtRapallo, J.
The exception which the counsel for the plaintiff in error has mainly urged upon the argument of this cause is that taken by him to the exclusion of the evidence of David Weil, as to peculiarities and eccentricities in the conduct of the prisoner. This evidence was not offered with the view of proving insanity or as an excuse or defense, but solely as bearing upon the question of intent, and deliberation and premeditation, and thus affecting the degree of the crime. The counsel for the prisoner offered to prove that for a number of years past the prisoner had been characterized by…
2Cited by20 opinions
- Fisher v. United StatesSupreme Court of the United States · 1946
- People v. . WebsterNew York Court of Appeals · 1893
- People v. . WalkerNew York Court of Appeals · 1910
- People v. . ConstantinoNew York Court of Appeals · 1897
- People v. ColavecchioAppellate Division of the Supreme Court of the State of New York · 1960
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