The People v. . Thompson
New York Court of Appeals
Error to the Supreme Court, in the third judicial district, to review the judgment of that court reversing a conviction in the Court of Oyer and Terminer, in Rensselaer county, of the defendant in error, for the murder of one Bailey, The conviction was for murder in the second degree. The indictment contained three counts, all charging murder in the first degree.
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Error to the Supreme Court, in the third judicial district, to review the judgment of that court reversing a conviction in the Court of Oyer and Terminer, in Rensselaer county, of the defendant in error, for the murder of one Bailey, The conviction was for murder in the second degree. The indictment contained three counts, all charging murder in the first degree. It appeared upon the trial, that on the evening of January 26th, 1867, Thomas H. Bailey was shot by the prisoner, in River street, in the city of Troy. The evidence on the part of the prosecution tended to show that Bailey overtook…
1Opinion of the CourtGrover, J.
The question whether a judgment convicting the accused of murder in the second degree, upon a common law indictment for murder, is erroneous, was decided against the defendant by this court, at the June term, 1869, in Keefe v. The People, (1 Hand, 348). In that case such a judgment was affirmed. In that case, the question was raised upon the merits, unaccompanied by any exceptions. Although, in the present case, it appears that exceptions were taken upon the trial, yet none were taken to any ruling upon the point under consideration. In respect to that, this case cannot be distinguished from…
2Cited by28 opinions
- People v. MussendenNew York Court of Appeals · 1955
- Greenfield v. . PeopleNew York Court of Appeals · 1878
- Gaffney v. . the PeopleNew York Court of Appeals · 1872
- Walsh v. . People of the State of New YorkNew York Court of Appeals · 1882
- Cook v. StateIndiana Supreme Court · 1907
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