People v. . Bonier
New York Court of Appeals
Appeal from a judgment of the Supreme Court, rendered January 22, 1904, at a Trial Term for the county of Erie, 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 court erred when it refused to charge that the presumption arising from proof of the defendant’s good character may of itself be sufficient to raise a reasonable doubt as to the defendant’s guilt.
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Appeal from a judgment of the Supreme Court, rendered January 22, 1904, at a Trial Term for the county of Erie, 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 court erred when it refused to charge that the presumption arising from proof of the defendant’s good character may of itself be sufficient to raise a reasonable doubt as to the defendant’s guilt. (Cancemi v. People, 16 N. Y. 501, Remsen v. People, 43 N. Y. 6; 2 Russell on Crimes, 785; Roscoe’s Cr. Ev. 89, 90; 3 Greenl. on Ev. 25.) The…
1Opinion of the CourtVann, J.
On the sixteenth of January, 1904, the defendant was convicted upon an indictment found December 22nd, 1903, charging him with the crime of murder in the first degree, committed in the city of Buffalo on the 20th of November, 1903, by taking the life of one Franz Freher, with willful and deliberate purpose.
The evidence against the defendant was wholly circumstantial, but it tended strongly to establish bis guilt and clearly warranted the submission of the case to the jury. A careful review of the testimony has led us to the conclusion that the verdict was not against the weight of evidence,…
2Cases cited3 opinions
- Remsen v. . the PeopleNew York Court of Appeals · 1870
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- People v. . ElliottNew York Court of Appeals · 1900
3Cited by30 opinions
- People v. . ConrowNew York Court of Appeals · 1911
- Mitchell v. CommonwealthSupreme Court of Virginia · 1925
- People v. DraperAppellate Division of the Supreme Court of the State of New York · 1951
- Pfister v. SheltonNevada Supreme Court · 1952
- State v. TuckerNorth Dakota Supreme Court · 1929
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