Legal Opinion

People v. Clemente

Appellate Division of the Supreme Court of the State of New York

Decided July 7, 1911PublishedCited by 1 opinion

• Appeal by the defendant, Eugene Clemente, from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 17th day of March, 19-10, convicting the defendant of the crime of manslaughter in the second degree.

1Opinion of the Court

Dowling, J.:

The defendant has been convicted of the crime of manslaughter in. the second degree, under the provisions of. section 193, subdivision 3, of the Penal Code (now section 1052, subdivision 3, of the Penal Law). This section defines homicide as manslaughter in the second degree when committed without a design to effect death “by any act, procurement or culpable negligence of any person, which, according to the provisions of this article, does not constitute the crime of murder-in the first or second degree, nor -manslaughter in the .first degree.”

The defendant was a licensed blaster…

2Cases cited3 opinions

  1. Dougherty v. . MillikenNew York Court of Appeals · 1900
  2. Weibert v. . HananNew York Court of Appeals · 1911
  3. Burke v. City & County Contract Co.Appellate Division of the Supreme Court of the State of New York · 1909

3Cited by1 opinion

  1. People v. PinckneyAppellate Division of the Supreme Court of the State of New York · 1972

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