Legal Opinion

People v. . Koepping

New York Court of Appeals

Decided April 26, 1904PublishedCited by 4 opinions

Appeal from a judgment from the Supreme Court, rendered June 17, 1903, at a Trial Term for the county of Orange, upon a verdict convicting the defendant of the crime of murder in the first degree. ^ The facts, so far as material, are stated in the opinion. The evidence does not indicate that the crime of murder in the first degree was made out. The verdict rendered by the jury must, therefore, be set aside.

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Appeal from a judgment from the Supreme Court, rendered June 17, 1903, at a Trial Term for the county of Orange, upon a verdict convicting the defendant of the crime of murder in the first degree. ^ The facts, so far as material, are stated in the opinion. The evidence does not indicate that the crime of murder in the first degree was made out. The verdict rendered by the jury must, therefore, be set aside. (People v. Conroy, 97 N. Y. 62; People v. Stokes, 53 N. Y. 174; People v. Barberi, 149 N. Y. 236; Layton v. People, 10 Abb. [N. C.] 261; 24 Hun, 659; People v. Beckwith, 103 N. Y. 360;…

1Opinion of the CourtGray, J.

The defendant was indicted for the crime of murder in the first degree, upon the charge of having, willfully and deliberately, killed John G. Mar tine by shooting him with a revolver. Being put upon his trial, he was found guilty, as charged in the indictment, by the verdict of a jury and judgment of death was passed upon him on June 17th, 1903.

I perceive no valid reason for our interference with this judgment; either in the commission of some serious error upon the trial, or upon a consideration of the course of that trial, with respect to its fairness and to a due regard to the defendant’s…

2Cases cited3 opinions

  1. People v. . HayesNew York Court of Appeals · 1894
  2. People v. . KennedyNew York Court of Appeals · 1899
  3. People v. BuchananNew York Court of General Session of the Peace · 1893

3Cited by4 opinions

  1. People v. . SpragueNew York Court of Appeals · 1916
  2. State v. CoxSupreme Judicial Court of Maine · 1941
  3. People v. TottermanNew York Court of Appeals · 1905
  4. People v. MignanoAppellate Division of the Supreme Court of the State of New York · 1922

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