Slatterly v. . People of the State of N.Y.
New York Court of Appeals
Error to the General Term of the Supreme Court in the first judicial department to review judgment affirming a judgment of the Court of General Sessions of the Peace in and ■for the county of Hew York, entered upon a verdict convicting the plaintiff in error of the crime of assault with intent to kill.
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Error to the General Term of the Supreme Court in the first judicial department to review judgment affirming a judgment of the Court of General Sessions of the Peace in and ■for the county of Hew York, entered upon a verdict convicting the plaintiff in error of the crime of assault with intent to kill. (Reported below, 1 Hun, 311; 3 H. Y. S. O. R. [T. & 0.], 669.) The evidence on the part of the prosecution tended to show that the prisoner, who at the time was a policeman, while in a state of intoxication assaulted the prosecutor upon the street without cause or provocation and savagely beat…
1Opinion of the Court
Church, Ch. J.
At the close of the trial, the counsel for the prisoner requested the court to charge that the prisoner could not be convicted, under the indictment; for an assault with a sharp dangerous weapon, with intent to do bodily harm. This was conceded by the district attorney. It does not appear that the court made any ruling on the point. The proposition was suggested in behalf of the prisoner and assented to on behalf of the people. It was erroneous as a legal question, as the statute provides that, under an indictment for an assault with intent to kill, a conviction may be had for…
2Cases cited1 opinion
- Wilke v. . People of the State of N.Y.New York Court of Appeals · 1873
3Cited by8 opinions
- People v. . SantoroNew York Court of Appeals · 1920
- Bates v. United StatesUnited States Circuit Court · 1881
- Territory v. ConradSupreme Court Of The Territory Of Dakota · 1877
- Amlotte v. StateDistrict Court of Appeal of Florida · 1983
- Legore v. StateCourt of Appeals of Maryland · 1898
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