Fitzgerrold v. People
New York Court of Appeals
Writ op Error to the Supreme Court, sitting in the second district, where the conviction of Thomas Fitzgerrold, the plaintiff in error, in the Court of Oyer and Terminer of Westchester county, of the crime of murder, had been affirmed. (Reported below, 49 Barb. 122.) Thomas Fitzgerrold was indicted for the murder of Ellen Hicks, on the 2d August 1866, by shooting her with a musket.
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Writ op Error to the Supreme Court, sitting in the second district, where the conviction of Thomas Fitzgerrold, the plaintiff in error, in the Court of Oyer and Terminer of Westchester county, of the crime of murder, had been affirmed. (Reported below, 49 Barb. 122.) Thomas Fitzgerrold was indicted for the murder of Ellen Hicks, on the 2d August 1866, by shooting her with a musket. The indictment was in the common-law form, as follows: *“The jurors of the People of the State of New York, in and for the body of the county of Westchester, upon their oath and affirmation, do present: That Thomas…
1DissentBacon, J.
(Dissenting.)—This is a writ of error directed to the supreme court in the second judicial district, bringing up the record of an indictment, conviction and sentence of the plaintiff in error, and which had been removed into that court by writ of error to the court of oyer and terminer in and for the county of Westchester.
The plaintiff in error, Fitzgerrold, was indicted in the Westchester oyer and terminer for the alleged crime of murder. The substantive allegation in the indictment, on which the question presented below and in this court arises, is, that “Thomas Fitzgerrold feloniously,…
2Cases cited4 opinions
- Dedieu v. . the PeopleNew York Court of Appeals · 1860
- The People v. . ClarkNew York Court of Appeals · 1852
- People v. GatesNew York Supreme Court · 1836
- Fellinger v. PeopleNew York Supreme Court · 1862