People v. Luscomb
New York Court of Appeals
I. The evidence does not sustain a felony murder. (People v. Mummiani, 258 N. Y. 396; Code Crim. Pro. § 165; People v. Alex, 265 N. Y. 192.) II. The verdict was so expressed that the trial court could not carry out the sentence contemplated by the jury.
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I. The evidence does not sustain a felony murder. (People v. Mummiani, 258 N. Y. 396; Code Crim. Pro. § 165; People v. Alex, 265 N. Y. 192.) II. The verdict was so expressed that the trial court could not carry out the sentence contemplated by the jury. (People v. Leonti, 262 N. Y. 256; Band v. Bindseil, 137 N. Y. S. 890; Dalrymple v. Williams et al., 63 N. Y. 364; People v. Arata, 254 N. Y. 565; People v. SMlitano, 215 Y. 715; v. Schoepke, 123 Wis. 19; People v. Sprague, 217 N. Y. 373; Hodg-kins v. Mead, 119 Y. 166.) I. The evidence established the defendant guilty beyond a reasonable doubt.…
1Opinion of the CourtCoNway, J.
The defendant was indicted for murder in the first degree. There were three counts. The first and second charged the commission of murder in the first degree under Penal Law, section 1044, subdivision 1. The third count charged the commission of the crime under section 1044, subdivision 2. That count read as follows: “ The said defendant, Leroy Eiley Luscomb, on or about the 21st day of April, 1943, at the home of Eeuben Eck, at Corbett, Town of Colchester, Delaware County, New York, willfully and feloniously shot and killed Ella May Luscomb with a rifle, the said defendant, Leroy Eiley Lus-…
2Cases cited6 opinions
- People v. MoranNew York Court of Appeals · 1927
- People v. . HuterNew York Court of Appeals · 1906
- People v. . GiblinNew York Court of Appeals · 1889
- People v. WagnerNew York Court of Appeals · 1927
- People v. . SpohrNew York Court of Appeals · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- People v. LeontiNew York Court of Appeals · 1966
- State v. Amos BranchOregon Supreme Court · 1966
- United States Ex Rel. Jerry Roth v. John L. Zelker, Superintendent, Green Haven Correctional FacilityCourt of Appeals for the Second Circuit · 1972
- People v. JoynerNew York Court of Appeals · 1970
- People v. VollmerNew York Court of Appeals · 1949
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