People v. . De Simone
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 1, 1918, which aflirmed a judgment of the Court of General Sessions of the Peace in the county of New York rendered upon a verdict convicting the defendant of the crime of murder in the second degree. The facts, so far as material, are stated in the opinion.
1Opinion of the Court
Collin, J.:
The defendant was convicted by the verdict of a jury of murder in the second degree, in that he shot and killed Alexander Della Rosa. The judgment of conviction was affirmed by the non-unanimous decision of the Appellate Division. Because "the decision of the Appellate Division was not unanimous we must examine the record presented to us to ascertain as a question of law whether there is evidence tending to support the verdict. (People v. Smith, 162 N. Y. 520, 15 N. Y. Crim. 1.) We must, additionally, ascertain whether any alleged error •raised by an exception at the trial has…
2Cases cited15 opinions
- State v. DuncanSupreme Court of Missouri · 1893
- State v. GabrielSupreme Court of Missouri · 1886
- Lander v. PeopleIllinois Supreme Court · 1882
- State v. BiggerstaffMontana Supreme Court · 1896
- People v. . SherlockNew York Court of Appeals · 1901
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3Cited by7 opinions
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- People v. WareAppellate Division of the Supreme Court of the State of New York · 1961
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