The People v. . Kelly
New York Court of Appeals
Appeal by defendant from decision pf the General Term, affirming judgment convicting him of felonious assault,' rendered November 1, 1882, in the General Sessions of New York, Hon. Feedeeick Smyth, Recorder, presiding.
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Appeal by defendant from decision pf the General Term, affirming judgment convicting him of felonious assault,' rendered November 1, 1882, in the General Sessions of New York, Hon. Feedeeick Smyth, Recorder, presiding. The following facts appeared from the evidence : On the evening of July 1, 1882, the complainant Foley went to the liquor store of one Strack, and there met the defendant’s brother James Kelly, who asked him to drink, and then requested the return of the ten dollars which he said he had previously loaned him. Complainant denied the debt, and claimed that he had repaid the…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The defendant was tried at the Court of General Sessions in the city of New York, upon an indictment containing two counts, one charging an assault with a deadly weapon with intent to kill, and the other an assault with a dangerous weapon, with intent to do bodily harm, and was convicted on the first count. After conviction the defendant moved for a new trial, which motion was denied, and a motion was then made for an arrest of judgment upon the same grounds as…
2Cases cited1 opinion
- Maurer v. . the PeopleNew York Court of Appeals · 1870
3Cited by13 opinions
- Dodge v. United StatesCourt of Appeals for the Second Circuit · 1919
- Danes v. PearsonIndiana Court of Appeals · 1893
- Turley v. PeopleSupreme Court of Colorado · 1923
- People v. DurhamMichigan Supreme Court · 1912
- City of Seattle v. EricksonWashington Supreme Court · 1909
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