People v. . Gerdvine
New York Court of Appeals
Appeal from a judgment of the Supreme Court, rendered May 20, 1913, at a Trial Term for the county of Orange, upon a verdict convicting the defendant of the crime of murder in the first degree. The facts, so far as material, are stated in the opinion. Reversible error was committed by the trial court in its charge to the jury. (People v. Martin, 33 App.
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Appeal from a judgment of the Supreme Court, rendered May 20, 1913, at a Trial Term for the county of Orange, upon a verdict convicting the defendant of the crime of murder in the first degree. The facts, so far as material, are stated in the opinion. Reversible error was committed by the trial court in its charge to the jury. (People v. Martin, 33 App. Div. 282; People v. Conroy, 97 N. Y. 76; People v. Fish, 125 N. Y. 136; People v. Carey, 148 N. Y. 491.) The charge to the jury was fair and impartial and no error was committed. (People v. Conroy, 97 N. Y. 62; People v. Schmidt, 168 N. Y.…
1Opinion of the CourtMiller, J.
It is undisputed that on the sixth day of December, 1912, the defendant shot and killed one Theodore Faller. The People’s evidence tends to establish all of the elements of the crime of murder in the first degree. The defendant, while not denying that he committed the homicide, testified in substance that he was intoxicated and had no recollection of what occurred.
The court charged the jury inter alia: “The defendant is an interested party, he is interested in the result of this trial, and the interest of a witness is always to be considered by the jury on the question of his credibility as a…
2Cases cited2 opinions
- People v. . LeonardiNew York Court of Appeals · 1894
- People v. . CoreyNew York Court of Appeals · 1896
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