People v. . Kennedy
New York Court of Appeals
Appeal from a judgment of the supreme court convicting the defendant of the crime of murder in the first degree, and sentencing him to punishment by death, to be inflicted in the manner provided by law.
1Opinion of the CourtMartin, J.
That upon the 9th day of October, 1898, the defendant killed John Hummings by stabbing him with a dirk or clasp knife was plainly established and not denied. The-only question litigated upon the trial was whether the homicide was committed under such circumstances as to constitute a crime, or whether it was justifiable. The claim of the defendant was that he was attacked by the decedent, and that he killed him in the lawful defense of his own person. Upon that issue the jury found against him. Before a party can justify the taking of life in self-defense, he must show that there was…
2Cases cited22 opinions
- Cox v. . the PeopleNew York Court of Appeals · 1880
- The People v. . McMahonNew York Court of Appeals · 1857
- Hendrickson v. . the PeopleNew York Court of Appeals · 1854
- People of the State of New York v. . MajoneNew York Court of Appeals · 1883
- The People v. . MondonNew York Court of Appeals · 1886
17 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- People v. RomeroNew York Court of Appeals · 2006
- People v. MarksNew York Court of Appeals · 1959
- Frazier v. StateSupreme Court of Florida · 1958
- People v. . TomlinsNew York Court of Appeals · 1914
- People v. DoranNew York Court of Appeals · 1927
32 more not listed; retrieve them via the Exa API.