People v. . Fitzgerald
New York Court of Appeals
Appeal by the defendant Eucebia Fitzgerald from a judgment oh the General Term of the Supreme Court in the Fourth Department, of 11 January, 1887, affirming a judgment of the Court of Oyer and Terminer of Chemung county of 3d December, 1885, convicting her of body stealing.
Read the full summary
Appeal by the defendant Eucebia Fitzgerald from a judgment oh the General Term of the Supreme Court in the Fourth Department, of 11 January, 1887, affirming a judgment of the Court of Oyer and Terminer of Chemung county of 3d December, 1885, convicting her of body stealing. The indictment in this case was as follows: “ The Grand Jury of the county of Chemung, by this indictment, accuse Eucebia Fitzgerald, Edmund A. Reilly and J. Thomas Nealson of the crime of body stealing, committed as follows: The said Eucebia Fitzgerald, Edmund A. Riley and J. Thomas Nealson on the 9th day of April, 1835,…
1Opinion of the Court
The following opinion was delivered by the Court of Appeals :
Rapaizlo, J.
The facts of this extraordinary case are fully stated in the dissenting opinion of Hakdin, J., at General Term. , We should content ourselves with concurring in that opinion were it not that it simply orders a new trial for errors in the charge and for refusals to charge, while we think that it should have gone further, and have held that the facts of the case did not establish a crime punishable under the statute against body stealing, (Pen. Code, 311), under which the prisoner was indicted and convicted, and which is…
2Cited by8 opinions
- Gray v. StateCourt of Criminal Appeals of Texas · 1908
- Hassard v. LehaneAppellate Division of the Supreme Court of the State of New York · 1911
- Hassard v. LehaneAppellate Division of the Supreme Court of the State of New York · 1912
- Hayes v. StateWisconsin Supreme Court · 1901
- Wehle v. United States Mutual Accident Ass'nThe Superior Court of New York City · 1895
3 more not listed; retrieve them via the Exa API.