People v. Kelly
New York Supreme Court
Appeal by defendant, John Kelly, from a judgment of the Court of Oyer and Terminer, of Monroe county of 23d February, 1884, Hon. Francis A. Macomber presiding, convicting him of murder in the first degree, on an indictment found January 11, 1884, and from an order of the same court denying a motion for a new trial, on the ground of newly discovered evidence. The facts appear in the opinion of the General Term.
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Appeal by defendant, John Kelly, from a judgment of the Court of Oyer and Terminer, of Monroe county of 23d February, 1884, Hon. Francis A. Macomber presiding, convicting him of murder in the first degree, on an indictment found January 11, 1884, and from an order of the same court denying a motion for a new trial, on the ground of newly discovered evidence. The facts appear in the opinion of the General Term. The portions of the charge of Judge Macomber on the trial, which are material to the questions decided in the opinion of the General Term, are as follows: “ Homicide as a term defining…
1Opinion of the Court
The Court.
“Gentlemen, what I intended to say to you was, that a verdict in this case other than that of guilty or of' not guilty, would not, in my judgment, be borne out by the facts of the case. I say, however, to you, as a matter of right and power, you can bring in a verdict of a lesser offense under an indictment, charging murder in the first degree, and to that extent I modify my charge.”
Chamberlam, & French, for defendant, appellant.
Joseph W. Taylor, district attorney, for the people.
Haight, J.
The indictment charges that John Kelly, on the 21st day of October in the year 1883, at the…
2Cases cited15 opinions
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- Greenfield v. . People of the State of N.Y.New York Court of Appeals · 1881
- Chapman v. . Erie Railway Co.New York Court of Appeals · 1874
- Knupfle v. . Knickerbocker Ice CompanyNew York Court of Appeals · 1881
- Buel v. . the PeopleNew York Court of Appeals · 1879
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