Foster v. . the People
New York Court of Appeals
Error to the General Term of the Supreme Court in the first judicial department, to review judgment of that court affirming judgment' of the Coiirt of Oyer and Terminer in and for the county of Hew York, entered upon a conviction of the plaintiff in error of the crime of murder in the first degree. The prisoner was indicted for the murder of Avery D. Putnam, in- the city of Hew York.
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Error to the General Term of the Supreme Court in the first judicial department, to review judgment of that court affirming judgment' of the Coiirt of Oyer and Terminer in and for the county of Hew York, entered upon a conviction of the plaintiff in error of the crime of murder in the first degree. The prisoner was indicted for the murder of Avery D. Putnam, in- the city of Hew York. Putnam took the Broadway horse cars on the .evening of April 26th, 1871, with a lady and child. At . Twenty-ninth street the child looked through the window in_ front door to see the clock upon the Gilsey House.…
1Opinion of the CourtAndrews, J.
Hpon the conclusion of the testimony, the prisoner’s counsel requested the court to charge the jury that upon the indictment and evidence the jury could convict the prisoner of murder in the second degree, and further, that if the prisoner killed the decased by an assault upon him with a dangerous weapon with intent to maim him, but without any intent to effect death, such killing was murder in the second degree.
The court refused to charge either of these propositions, and to this refusal the prisoner’s counsel excepted.
This exception presents the only question argued by the learned counsel…
2Cases cited6 opinions
- People v. RectorNew York Supreme Court · 1838
- Darry v. . the PeopleNew York Court of Appeals · 1854
- Fassett v. . SmithNew York Court of Appeals · 1861
- Fitzgerrold v. . the PeopleNew York Court of Appeals · 1868
- Guaga Iron Co. v. DawsonIndiana Supreme Court · 1836
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3Cited by29 opinions
- The People v. . ConroyNew York Court of Appeals · 1884
- People v. WeissNew York Court of Appeals · 1943
- People v. . HuterNew York Court of Appeals · 1906
- People v. KatzNew York Court of Appeals · 1943
- Buel v. . the PeopleNew York Court of Appeals · 1879
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