Legal Opinion

People v. Nyhan

New York Supreme Court

Decided July 16, 1918PublishedCited by 5 opinions

Timothy F. Hyhan was accused of -the murder of his wife. Application for confirmation of report of commissioners appointed to inquire into defendant’s sanity granted, and defendant ordered committed to a State lunatic asylum until his .sanity and return to custody of sheriff, and then placed on trial.

1Opinion of the Court

Rodenbeck, J.:

It is a fundamental principle of modern society that no person .accused of a crime, who is insane, so as- to be unable to appre*75niate the proceedings of his trial and to make a defense to the -crime with which he is charged, shall be placed upon trial, -and it applies to any stage of the proceeding, even after conviction and pending an appeal. (People v. Skwirsky, 213 N. Y. 151, 107 N. E. 47.) This humane principle has been carried into the statutes of this State, which provide that a person cannot be tried, sentenced to any punishment, or punished for a crime while he is in a…

2Cases cited5 opinions

  1. People ex rel. Peabody v. ChanlerAppellate Division of the Supreme Court of the State of New York · 1909
  2. People v. . McElvaineNew York Court of Appeals · 1891
  3. Russell v. Prudential Insurance of AmericaNew York Court of Appeals · 1903
  4. People v. . SkwirskyNew York Court of Appeals · 1914
  5. People ex rel. Forrester v. SheriffAppellate Division of the Supreme Court of the State of New York · 1906

3Cited by5 opinions

  1. People v. IrwinNew York Court of General Session of the Peace · 1938
  2. People v. IrwinNew York Court of General Session of the Peace · 1938
  3. In re HarrisNew York Supreme Court · 1995
  4. United States of America Ex Rel. Joseph Marcial, A/K/A Joseph Johnson v. Edward M. Fay, Warden of Green Haven PrisonCourt of Appeals for the Second Circuit · 1957
  5. United States of America Ex Rel. Joseph Marcial, A/K/A Joseph Johnson v. Edward M. Fay, Warden of Green Haven PrisonCourt of Appeals for the Second Circuit · 1957

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