Legal Opinion

People v. Brown

New York Court of Appeals

Decided January 21, 1970PublishedCited by 96 opinions

1Opinion of the CourtBergan, J.

The main issue in this case, where appellant has been convicted of murder in the second degree, is whether he acted in self-defense. In turn this depends on the proof of appellant’s contention that the deceased had a pistol drawn when appellant shot him.

One witness for appellant testified to this effect; but several prosecution witnesses testified decedent did not have a pistol in hand when defendant shot him and the police found no pistol on decedent’s clothes or on the floor of the premises where the shooting occurred.

This brings into focus the importance of an admission made both to the…

2Cases cited12 opinions

  1. Clyde Mattox v. United StatesSupreme Court of the United States · 1892
  2. Donnelly v. United StatesSupreme Court of the United States · 1913
  3. People v. SpriggsCalifornia Supreme Court · 1964
  4. Sutter v. EasterlySupreme Court of Missouri · 1945
  5. People v. . Van GaasbeckNew York Court of Appeals · 1907

7 more not listed; retrieve them via the Exa API.

3Cited by96 opinions

  1. Chambers v. MississippiSupreme Court of the United States · 1973
  2. People v. SettlesNew York Court of Appeals · 1978
  3. People v. JohnsonNew York Court of Appeals · 1985
  4. People v. MaerlingNew York Court of Appeals · 1978
  5. People v. BuieNew York Court of Appeals · 1995

91 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API