Legal Opinion

People v. . Trybus

New York Court of Appeals

Decided July 11, 1916PublishedCited by 38 opinions

Appeal from a judgment of the Supreme Court, rendered December 9, 1915, at a Trial Term for the county of Genesee, upon a verdict convicting the defendant of the crime of murder in the first degree. The facts, so far as material, are stated in the opinion.

1Opinion of the Court

Pound, J.:

Defendant has been convicted of the crime of murder in the first degree. At four o’clock on the morning of October 17, 1915, Jacob Schoenberg, was sleeping in his bed in his home in Batavia, with his son Max, a high school boy sixteen years of age, when the room was entered from outside the house through the window by a man who beat out Schoenberg’s brains with an iron bar. Max was aroused by the blow, saw a man in the room and called for help.' The man told him to shut up, demanded money and threatened to shoot him. On the trial 11 ax positively identified the defendant as the man,…

2Cases cited4 opinions

  1. People v. . FerolaNew York Court of Appeals · 1915
  2. People v. . RogersNew York Court of Appeals · 1908
  3. People v. . SarzanoNew York Court of Appeals · 1914
  4. Callanan v. . EdwardsNew York Court of Appeals · 1865

3Cited by38 opinions

  1. Stein v. New YorkSupreme Court of the United States · 1953
  2. People v. ZammoraCalifornia Court of Appeal · 1944
  3. People v. RutiglianoNew York Court of Appeals · 1933
  4. People v. DoranNew York Court of Appeals · 1927
  5. People v. BettsNew York Court of Appeals · 1987

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