People v. . Chapman
New York Court of Appeals
Appeal from a judgment of the Supreme Court, rendered February 19, 1918, at a Trial Term for the county of Kings, 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. The trial court erred in its charge and refusal to charge as to the legal effect of the abandonment of the criminal enterprise by the defendant prior to the homicide.
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Appeal from a judgment of the Supreme Court, rendered February 19, 1918, at a Trial Term for the county of Kings, 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. The trial court erred in its charge and refusal to charge as to the legal effect of the abandonment of the criminal enterprise by the defendant prior to the homicide. (Dolan v. People, 64 N. Y. 485; People v. Huter, 184 N. Y. 237; People v. Governale, 193 N. Y. 587; People v. Morse, 196 N. Y. 309; People v. Spohr, 206 N. Y. 521; People v.…
1Opinion of the Court
Collin, J.:
Under the evidence and the charge of the trial justice the defendant was convicted, under section 1044 of the Penal Law, of killing, while engaged in the commission of a felony, Harry Regensburg. The section provides: “ The killing of a human being, unless it is excusable or justifiable, is murder in the first ■ degree, when committed: * * * 2. By an act imminently ■ dangerous to others, and evincing a depraved mind, regardless of human life, although without a * * * design to effect ■death, by a person engaged in the commission of, or in an attempt to commit a felony, either upon…
2Cases cited16 opinions
- Ruloff v. . the PeopleNew York Court of Appeals · 1871
- Balbo v. . the PeopleNew York Court of Appeals · 1880
- People v. . BlivenNew York Court of Appeals · 1889
- People v. . SchleimanNew York Court of Appeals · 1910
- People v. . GiroNew York Court of Appeals · 1910
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- People v. WoodNew York Court of Appeals · 1960
- People v. . NicholsNew York Court of Appeals · 1921
- Commonwealth v. DorisSupreme Court of Pennsylvania · 1926
- The PEOPLE v. BrownIllinois Supreme Court · 1962
- Cole v. StateIndiana Supreme Court · 1922
14 more not listed; retrieve them via the Exa API.