The People v. . Irving
New York Court of Appeals
Appeal from the judgment of the General Term of the Supreme Court, First Department, sustaining a judgment of the General Sessions of Flew York, convicting defendant of assault in the’ second degree, committed by striking the complainant twice with the butt end of a pistol, thereby severely injuring him.*
1Opinion of the CourtFinch, J.
Upon the trial of an indictment for assault and battery the defendant testified in his own behalf as a witness. According to the evidence of a complainant and one witness who corroborated him, the assault was without provocation, and so brutal and causeless, as to indicate in the perpetrator either temporary intoxication or unusual ugliness of temper. But according to the evidence of the accused and of three witnesses whom he called in his behalf, the complainant rushed at him with abusive language and a bottle in his hand, and the defendant merely laughed and walked out. And these witnesses…
2Cases cited6 opinions
- Real v. . the PeopleNew York Court of Appeals · 1870
- Beekman v. . BonsorNew York Court of Appeals · 1861
- The People v. . CrapoNew York Court of Appeals · 1879
- Nolan v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1881
- People v. . BrownNew York Court of Appeals · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- State v. KentNorth Dakota Supreme Court · 1896
- People v. MalkinNew York Court of Appeals · 1928
- People v. . SloverNew York Court of Appeals · 1921
- Commonwealth v. SchaffnerMassachusetts Supreme Judicial Court · 1888
- Acers v. United StatesSupreme Court of the United States · 1896
29 more not listed; retrieve them via the Exa API.