Legal Opinion

Murphy v. . People of the State of N.Y.

New York Court of Appeals

Decided January 18, 1876PublishedCited by 29 opinions

Error to the General Term of the Supreme Court in the second judicial department, affirming a judgment of the Court of Oyer and Terminer in and for the county of Rockland, entered upen a verdict convicting the plaintiff in error of the crime of murder in the first degree. (Reported below, 4 Hun, 102.) The facts appear sufficiently in the opinion. Parol evidence of the contents of the written complaint in the three suits against the prisoner was improperly received.

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Error to the General Term of the Supreme Court in the second judicial department, affirming a judgment of the Court of Oyer and Terminer in and for the county of Rockland, entered upen a verdict convicting the plaintiff in error of the crime of murder in the first degree. (Reported below, 4 Hun, 102.) The facts appear sufficiently in the opinion. Parol evidence of the contents of the written complaint in the three suits against the prisoner was improperly received. (Greenl. on Ev., § 88, 82; Passon v. Brown, 11 J. R., 166; Grimm v. Hammell, 2 Hilt., 434; Rex v. Doran, 1 Esp., 127; Rex v.…

1Opinion of the CourtAndrews, J.

The plaintiff in error was convicted at the Oourt of Oyer and Terminer, held in Rockland county, in October, 1874, of the murder of one Matilda Hugus. Tire murder was committed on the evening of April 19, 1874, by means of a gun or pistol shot, fired, as the evidence tended to show, by some person standing outside of a house in the town of Clarkstown, in Rockland county, in which the deceased and one Robert J. Gamble, a brother-in-law of the prisoner resided, and near a window of a room in which they were sitting when the shot was fired. The contents of the gun or pistol passed_ through a…

2Cases cited5 opinions

  1. The People v. . RogersNew York Court of Appeals · 1858
  2. Hendrickson v. . the PeopleNew York Court of Appeals · 1854
  3. Willard v. WarrenNew York Supreme Court · 1837
  4. The People v. . WentzNew York Court of Appeals · 1867
  5. Cowperthwaite v. . SheffieldNew York Court of Appeals · 1850

3Cited by29 opinions

  1. Moore v. United StatesSupreme Court of the United States · 1893
  2. United States v. Lawrence T. Day. United States of America v. Eric J. SheffeyCourt of Appeals for the D.C. Circuit · 1979
  3. People v. CefaroNew York Court of Appeals · 1968
  4. People v. LeyraNew York Court of Appeals · 1951
  5. State v. LawlorSupreme Court of Minnesota · 1881

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