Linsday v. People
New York Supreme Court
WRIT of error to the court of oyer and terminer of Onondaga county, upon- a conviction of the plaintiff of the crime of murder in the first degree. The facts of the case, so far as relates to the questions discussed and decided, are fully stated in the opinion. The case is noted in 5 Hun, 104, but not reported in full. The case went to the Court of Appeals, where the judgment was affirmed. (See 63 N. Y., 143.)
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The corpus delicti being fully proved and clearly established, the questions and exceptions relating to the identity of the body it can hardly be necessary to consider or discuss. None of the exceptions on this branch of the case have, I think, any substantial merit'. The dead body was clearly identified as the body of Colvin, and the fact that he came to his death by violence was unquestionable and unquestioned.
The prominent and substantial issue remained, whether the prisoner committed the crime or participated in its commission. It is quite clear that the…
2Cases cited1 opinion
- Hall v. EarnestNew York Supreme Court · 1861
3Cited by3 opinions
- Stokes v. StateSupreme Court of Arkansas · 1902
- Brooks v. Rochester Railway Co.New York Supreme Court · 1894
- People v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 1896