People v. Brecht
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lena Brecht, from a judgment- of the Court of General Sessions of the Peace in and for the county of New York, rendered on the 16th day of January, 1906, convicting the defendant of the crime of manslaughter in the first degree.
1Opinion of the CourtHoughton, J.
The defendant was indicted and convicted of the crime of manslaughter in the first degree in having caused the death of. one Pauline Schaefer through performing a criminal operation upon her. There is no direct evidence that the defendant performed or aided in the criminal operation. For that fact the People were compelled to rely upon the alleged dying declarations of the victim.
The extrinsic facts proved by unchallenged evidence were that two doctors were summoned to defendant’s house to treat a woman whom they found suffering from a punctured womb and whom they directed to be taken to a…
2Cases cited41 opinions
- Clyde Mattox v. United StatesSupreme Court of the United States · 1892
- Pierson v. . the PeopleNew York Court of Appeals · 1880
- State v. ReedSupreme Court of Kansas · 1894
- People of the State of N.Y. v. . DavisNew York Court of Appeals · 1874
- People v. . SmithNew York Court of Appeals · 1902
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