Legal Opinion

People v. Stewart

New York Court of Appeals

Decided November 23, 1976PublishedCited by 143 opinions

1Opinion of the CourtWachtler, J.

The defendant was charged with stabbing and killing Daniel Smith. There is no doubt that the defendant stabbed Smith and that Smith later died at a hospital. However at trial one of the principal issues was whether the stab wound caused the death, or whether death was caused solely by medical malpractice at the hospital or by other intervening effective medical cause. The jury after being charged to consider several alternative counts of assault and homicide found the defendant guilty of manslaughter in the first degree. On this appeal the defendant urges that the evidence was only sufficient…

2Cases cited6 opinions

  1. People v. KibbeNew York Court of Appeals · 1974
  2. People v. . LedwonNew York Court of Appeals · 1897
  3. People v. ReedNew York Court of Appeals · 1976
  4. Cox v. . the PeopleNew York Court of Appeals · 1880
  5. People v. . KaneNew York Court of Appeals · 1915

1 more not listed; retrieve them via the Exa API.

3Cited by143 opinions

  1. People v. CableNew York Court of Appeals · 1984
  2. People v. DelamotaNew York Court of Appeals · 2011
  3. People v. SchulzNew York Court of Appeals · 2005
  4. People v. FosterNew York Court of Appeals · 1985
  5. People v. FratelloNew York Court of Appeals · 1998

138 more not listed; retrieve them via the Exa API.

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