People v. Murphy
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The People of the State of Hew York* from a judgment of the County Court of Richmond county in favor of the defendant, bearing, date the 18th day of Hovember* 1903, and entered in the office of the clerk of the county of Richmond upon the decision of the court sustaining the defendant’s demurrer to an indictment for manslaughter in the second degree theretofore filed herein, on the ground that the facts stated in such indictment do not constitute a…
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Appeal by the plaintiff, The People of the State of Hew York* from a judgment of the County Court of Richmond county in favor of the defendant, bearing, date the 18th day of Hovember* 1903, and entered in the office of the clerk of the county of Richmond upon the decision of the court sustaining the defendant’s demurrer to an indictment for manslaughter in the second degree theretofore filed herein, on the ground that the facts stated in such indictment do not constitute a crime. The indictment which was held to be insufficient upon the demurrer was as follows :■ “ The Grand Jury of the…
1Opinion of the Court
Willard Bartlett, J.:
Ho opinion was written by the learned county judge in allowing the demurrer in this case. The argument before us, however, indicates that it was deemed fatally defective in two respects: (1) Because it failed to set forth any causal connection between the negligent act of the defendant and the death of the alleged victim ; ¡and (2) because it did not sufficiently fix the time when the alleged victim was killed by coming in contact with thp electric wire.
The respondent insists that it is indispensably necessary in an indictment for negligently causing thp death of a person…
2Cases cited5 opinions
- People v. . JacksonNew York Court of Appeals · 1888
- Edmondson v. StateTexas Supreme Court · 1874
- People v. StockingNew York Supreme Court · 1866
- State v. BlanSupreme Court of Missouri · 1879
- State v. MorganSupreme Court of North Carolina · 1882