People v. . Giro
New York Court of Appeals
The indictment contains two counts, each charging the defendant, Carlo Giro and one Frank Schleiman, jointly, with the crime of murder in the first degree. The first count alleges the killing of Sophie L. Staber by them while they were engaged in committing a felony, to wit, the crime of burglary. The second count sets forth the crime in the common-law form with reference to the same person and at the same time and place.
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The indictment contains two counts, each charging the defendant, Carlo Giro and one Frank Schleiman, jointly, with the crime of murder in the first degree. The first count alleges the killing of Sophie L. Staber by them while they were engaged in committing a felony, to wit, the crime of burglary. The second count sets forth the crime in the common-law form with reference to the same person and at the same time and place. During the trial of the defendant Giro, which is now before the 'court for review, the district attorney when requested to elect on which count he intended to proceed,…
1Opinion of the Court
Vanst, J.:
On the 7th of July, 1909, George Staber was living with his wife and children at Ho. 455 East 18th street, in Flatbush, a suburb of Brooklyn. His family consisted of himself, then 62 years of age, his wife, Sophie L. Staber, aged 59, his son Edward, a young man of 24, and two daughters, whose ages do not appear. They all retired at about eleven o’clock, after locking up securely in the usual way. Mr. and Mrs. Staber and Edward slept on the second floor, and the daughters on the third. The second floor consisted of a chamber, three bedrooms, a bathroom and a hall four feet wide, with…
2Cases cited3 opinions
- Ruloff v. . the PeopleNew York Court of Appeals · 1871
- People v. . FlaniganNew York Court of Appeals · 1903
- Wright v. StateMississippi Supreme Court · 1874
3Cited by49 opinions
- People v. WalshNew York Court of Appeals · 1933
- People v. JacksonNew York Court of Appeals · 1967
- People v. WoodNew York Court of Appeals · 1960
- State v. HauptmannSupreme Court of New Jersey · 1935
- People v. HernandezNew York Court of Appeals · 1993
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