Lowenberg v. . the People
New York Court of Appeals
Writ of error to the Supreme Court. The plaintiff in error was convicted in the Court of General Sessions of the county of New York of murder in the first degree, on the 11th December, 1861, and was sentenced, on the 4th January, 1862, “ to suffer the punishment of death for said murder, on Friday the 20th day of February, 1863, and that he be confined at hard labor in state prison until such punishment shall be inflicted.”
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Writ of error to the Supreme Court. The plaintiff in error was convicted in the Court of General Sessions of the county of New York of murder in the first degree, on the 11th December, 1861, and was sentenced, on the 4th January, 1862, “ to suffer the punishment of death for said murder, on Friday the 20th day of February, 1863, and that he be confined at hard labor in state prison until such punishment shall be inflicted.” The case was taken by writ of error to the Supreme Court, proceedings being stayed, and after the day specified for the execution had passed the judgment was affirmed; no…
1Dissent
The defendant having been tried and convicted, in the Court of General Sessions, the case may be reviewed on the merits. (Laws of 1855, ch. 337.) I have, therefore, attentively examined the evidence, and think it justified the verdict. The case, it is true, in its general aspect, is somewhat remarkable. A man of education, of apparently reputable standing, and ordinarily peaceable disposition, upon the most trivial provocation, with a deadly weapon, assaults and kills a fellow tenant. But the fact of killing was not disputed; and the testimony tended to the conclusion, that the act, in the…
2Cases cited3 opinions
- United States v. FurlongSupreme Court of the United States · 1820
- Daggett v. StateSupreme Court of Connecticut · 1821
- Berry v. RipleyMassachusetts Supreme Judicial Court · 1804