Legal Opinion

People v. Wheeler

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 9 opinions

Appeal by the defendant, Emmett Wheeler, from a judgment of the County Court of Cattaraugus county in favor of the plaintiff, entered in the office of the-clerk of the county of Cattaraugus on the 14th day of April, 1902, upon the verdict of a jury convicting the' defendant of assault in the second degree, and adjudging that he pay a fine of $600 or stand committed until paid.

1Opinion of the Court

Spring, J.:

The defendant was indicted for manslaughter in the first degree in causing the death of one George Sharp by shooting him with a revolver. In his main charge the learned county judge instructed the jury that the proof did not warrant a conviction for the crime charged in the indictment, but submitted the question of fact for them to determine whether the defendant was guilty of the crime *397of manslaughter in the second degree on the ground that he was chargeable with culpable negligence in handling his revolver in “wanton disregard of the consequences.” (Penal Code, § 193, subd. 3.)

Aft…

2Cases cited10 opinions

  1. Kring v. MissouriSupreme Court of the United States · 1883
  2. Pierson v. . the PeopleNew York Court of Appeals · 1880
  3. People v. . LedwonNew York Court of Appeals · 1897
  4. People v. . PalmerNew York Court of Appeals · 1888
  5. People v. . CignaraleNew York Court of Appeals · 1888

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3Cited by9 opinions

  1. Watson v. StateCourt of Criminal Appeals of Oklahoma · 1924
  2. People v. NievesAppellate Division of the Supreme Court of the State of New York · 1988
  3. Clapp v. StateCourt of Criminal Appeals of Oklahoma · 1942
  4. People v. SchiaviAppellate Division of the Supreme Court of the State of New York · 1904
  5. People v. ZielinskiAppellate Division of the Supreme Court of the State of New York · 1936

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