Levy v. . the People
New York Court of Appeals
Error to the General Term of the Supreme Court of the State of New York, in the first judicial department, to review a judgment affirming a judgment of the Court of General Sessions, in and for the city and county of New York, convicting the plaintiff in error as accessory before the fact of the crime of arson in the first degree.
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Error to the General Term of the Supreme Court of the State of New York, in the first judicial department, to review a judgment affirming a judgment of the Court of General Sessions, in and for the city and county of New York, convicting the plaintiff in error as accessory before the fact of the crime of arson in the first degree. (Reported below, 19 Hun, 383.) The indictment set out that one Abraham D. Freeman was the principal felon, and that he, with others, had been theretofore convicted of the offence in the commission of which the plaintiff in error was charged to have been his…
1Opinion of the CourtFolger, J.
After a careful consideration of this case, and the points made for the plaintiff in error, we think that no error is shown in the judgment.
First. It was not error to allow facts to be shown on this trial that tended to prove the guilt of the principal. Doubtless the record showing the conviction of the principal is proof sufficient prima facie of that fact; and proof that he was convicted is proof prima fade that he. was properly convicted. But still, the question of his guilt of the offence charged is not thereby put entirely at rest as against an accessory; and the one charged as such may…
2Cases cited10 opinions
- Coleman v. . People of the State of N.Y.New York Court of Appeals · 1873
- Dedieu v. . the PeopleNew York Court of Appeals · 1860
- Ferris v. . the PeopleNew York Court of Appeals · 1866
- Quinn v. . PeopleNew York Court of Appeals · 1878
- Shepherd v. . the PeopleNew York Court of Appeals · 1859
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- People v. RomeroNew York Court of Appeals · 2006
- People v. McDonaldNew York Court of Appeals · 1986
- State v. GleimMontana Supreme Court · 1895
- Colosacco v. United StatesCourt of Appeals for the Tenth Circuit · 1952
- Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937
15 more not listed; retrieve them via the Exa API.