People v. Wheeler
Appellate Division of the Supreme Court of the State of New York
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
- Kring v. MissouriSupreme Court of the United States · 1883
- Pierson v. . the PeopleNew York Court of Appeals · 1880
- People v. . LedwonNew York Court of Appeals · 1897
- People v. . PalmerNew York Court of Appeals · 1888
- People v. . CignaraleNew York Court of Appeals · 1888
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