People v. . Sarzano
New York Court of Appeals
Appeal from a judgment of the Supreme Court, rendered February 28, 1913, at a Trial Term for the county of Erie, upon a verdict convicting the defendant of the crime of murder in the first degree. The facts, so far as material, are stated in the opinion.
1Opinion of the Court
Per Curiam :
The appellant was convicted of the crime of murder in the first degree in Erie county, on February 28, 1913. He shot Saverio Gragnanello November 17, 1912, at Buffalo. Gragnanello died January 22, 1913, as the result of the shooting, as the jury found.
The trial court erred in receiving in evidence as a dying declaration the statement made by the deceased on November 17, 1912, after he had been taken to the hospital. The statement was made to Dr. George B. Stocker, who was the deputy medical examiner for Erie county. Dp. Stocker told the deceased “ that his condition was critical…
2Cases cited6 opinions
- Brotherton v. . the PeopleNew York Court of Appeals · 1878
- People v. . ConklinNew York Court of Appeals · 1903
- Commonwealth v. BrewerMassachusetts Supreme Judicial Court · 1895
- Commonwealth v. HaneyMassachusetts Supreme Judicial Court · 1879
- Commonwealth v. RobertsMassachusetts Supreme Judicial Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Shepard v. United StatesSupreme Court of the United States · 1933
- People v. NievesNew York Court of Appeals · 1986
- Hoffman v. PalmerCourt of Appeals for the Second Circuit · 1942
- People v. MleczkoNew York Court of Appeals · 1948
- People v. . SpragueNew York Court of Appeals · 1916
21 more not listed; retrieve them via the Exa API.