Legal Opinion

People ex rel. Kemmler v. Durston

New York County Court, Cayuga County

Decided July 15, 1889Published

Hearing upon a return to a writ of habeas corpus. The facts sufficiently appear in the opinion.

1Opinion of the CourtDay, J.

At a court of Oyer and Terminer held at Buffalo, FT. Y., on the 10th day of May, 1889, in a criminal action wherein the people of the State of New York were plaintiffs, and William Kemmler, otherwise called John Ilort, was defendant, he ivas convicted of murder in the first degree, in that, on or about March 29th of that year, in that city, he killed Matilda Ziegler, alias Matilda Hort, from a deliberate and premeditated design to effect her death, and on the 14th day of May aforesaid he was, for his crime, sentenced by said court to suffer death, to be inflicted by the application of…

2Cases cited12 opinions

  1. Ex Parte LangeSupreme Court of the United States · 1874
  2. Fletcher v. PeckSupreme Court of the United States · 1810
  3. Ogden v. SaundersSupreme Court of the United States · 1827
  4. People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
  5. Matter of N.Y. Elevated R.R. Co.New York Court of Appeals · 1877

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