Legal Opinion · Dissent

People v. Nelson

Appellate Division of the Supreme Court of the State of New York

Decided June 28, 1911Published

Appeal by the defendant, Alfred Nelson, from a judgment of the County Court of Albany county, rendered against the defendant on the 2d day of March, 1911, convicting him of the crime of manslaughter in the first degree upon which he was sentenced to imprisonment at Dannemorá for not less than ten years or more than nineteen years and six months.

1DissentBetts, J.

The facts in the case are substantially stated in the opinion of Mr. Justice Kellogg. Nelson and Ellis stood in front of-the apartment house for some time talking when they went into the office and its connecting rooms, which were also the living rooms of the defendant. The defendant was heard to apply to Ellis an opprobrious epithet, to which Ellis made no reply. The door locked automatically. Through that door Ellis was never seen to come out again or return until he was carried out after having received a-mortal wound. This is so, although the entrance to that room was from the hall of a…

2Cases cited12 opinions

  1. People v. . WebsterNew York Court of Appeals · 1893
  2. Real v. . the PeopleNew York Court of Appeals · 1870
  3. Gt. W. Turnpike Co. v. . LoomisNew York Court of Appeals · 1865
  4. The People v. . CrapoNew York Court of Appeals · 1879
  5. People Ex Rel. Phelps v. Court of Oyer & TerminerNew York Court of Appeals · 1881

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