Ruloff v. . the People
New York Court of Appeals
Writ of Error to the Supreme Court. The appellant was indicted in Tompkins county for the murder of his infant child by various means—stabbing, choking, drowning, poisoning, &c., set forth in different counts. The indictmen was brought by certiorari into the Supreme Court, and, the venue having been changed, was tried at the Tioga Circuit in October, 1856, before Mr. Justice Mason.
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Writ of Error to the Supreme Court. The appellant was indicted in Tompkins county for the murder of his infant child by various means—stabbing, choking, drowning, poisoning, &c., set forth in different counts. The indictmen was brought by certiorari into the Supreme Court, and, the venue having been changed, was tried at the Tioga Circuit in October, 1856, before Mr. Justice Mason. The prisoner having been convicted, moved for a new trial upon a bill of exceptions, which was denied, and having been sentenced at general term in the sixth district, brought the case into this court by writ of…
1Opinion of the Court
By the Court,
Johnson, Ch. J.
At the opening of the trial the counsel for the prosecution, in answer to a question of the prisoner’s counsel, stated that he did not propose to prove by any direct evidence that the infant daughter of the prisoner, with whose murder he was charged by the indictment, was dead or had been murdered, or that her dead body had ever been found or seen by any one, but that from the lapse of time since the child and her mother were last seen, and from other facts and circumstances, he should ask the jury to infer and presume and find that the infant daughter was dead and…
2Cited by44 opinions
- People v. LipskyNew York Court of Appeals · 1982
- The People v. . BennettNew York Court of Appeals · 1872
- People v. BierenbaumAppellate Division of the Supreme Court of the State of New York · 2002
- People v. CuozzoNew York Court of Appeals · 1944
- People v. . PatrickNew York Court of Appeals · 1905
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