Legal Opinion

People v. Brecht

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1907PublishedCited by 5 opinions

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 Court

Houghton, 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…

2Cases cited8 opinions

  1. Pierson v. . the PeopleNew York Court of Appeals · 1880
  2. Brotherton v. . the PeopleNew York Court of Appeals · 1878
  3. The People v. . MurphyNew York Court of Appeals · 1886
  4. People v. . KraftNew York Court of Appeals · 1896
  5. People v. . SmithNew York Court of Appeals · 1887

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

3Cited by5 opinions

  1. State v. DorisOregon Supreme Court · 1908
  2. People v. Preston, New York County Courts1958
  3. In re the Investigation into Alleged Commission of Criminal AbortionsAppellate Division of the Supreme Court of the State of New York · 1955
  4. State v. BoundsIdaho Supreme Court · 1953
  5. People v. MikulecAppellate Division of the Supreme Court of the State of New York · 1924

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