Willis v. . the People
New York Court of Appeals
Writ of error to the Supreme Court, to review a judgment of that court, affirming the conviction of, and judgment against the plaintiff in error in the Court of Oyer and Terminer of the county of Ulster. The plaintiff in error, in March, 1864, was tried in the Court of Oyer and Terminer, on an indictment for the murder of one Mary E. Phelan, the wife of Robert Phelan, alleged to have been committed on the 9th day of April, 1863, in the town of Wawarsing, Ulster county.
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Writ of error to the Supreme Court, to review a judgment of that court, affirming the conviction of, and judgment against the plaintiff in error in the Court of Oyer and Terminer of the county of Ulster. The plaintiff in error, in March, 1864, was tried in the Court of Oyer and Terminer, on an indictment for the murder of one Mary E. Phelan, the wife of Robert Phelan, alleged to have been committed on the 9th day of April, 1863, in the town of Wawarsing, Ulster county. The fact of the homicide was clearly established. It appeared that the prisoner and the deceased had been engaged to marry…
1Opinion of the Court
Denio, Ch. J.
I am of opinion that the charge in its general scope was entirely correct, and that there was no error in the particular part which was specially excepted to. The judge instructed the jury, in effect, that an irritable temper and an excitable disposition of mind did not constitute insanity; that an individual possessing such mental peculiarities was more predisposed to an attack of insanity than men in general, but was not on that account actually insane ; that such peculiarities were not of themselves evidence of insanity. He then proceeded to state what did constitute mental…
2Cases cited4 opinions
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- Freeman v. PeopleNew York Supreme Court · 1847
- Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
- Bradhurst v. The President and Directors of the First Great South Western Turnpike Road Co.New York Supreme Court · 1819
3Cited by23 opinions
- People v. SchmidtNew York Court of Appeals · 1915
- Oborn v. StateWisconsin Supreme Court · 1910
- State v. HarrisonWest Virginia Supreme Court · 1892
- People v. . SchmidtNew York Court of Appeals · 1915
- State v. FelterSupreme Court of Iowa · 1868
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