People v. . Galbo
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 30, 1313, which affirmed a judgment rendered at a Trial Term for the county of Monroe upon a verdict convicting the defendant of the crime of murder in the second degree. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 30, 1313, which affirmed a judgment rendered at a Trial Term for the county of Monroe upon a verdict convicting the defendant of the crime of murder in the second degree. The facts, so far as material, are stated in the opinion. It was reversible error, as matter of law, for the court to deny the defendant’s motion, made at the close of the People’s case, to acqúit the defendant on the ground that the corpus delicti had not been proved. (Penal Law, § 1041; People v. Palmer,…
1Opinion of the Court
Cardozo, J.:
The body of Francesco Manzella was found on October 30, 1911, at the bottom of a deep ravine along the Webster road near the city of Rochester. The head and legs had been cut off, and the body forced into a barrel. There must have been, a violent struggle before death. The coroner’s physician describes twenty-two wounds and bruises. Wounds on the temple had made the victim unconscious; and then with a sharp knife the head had been severed. Whoever used the knife disclosed a surgeon’s skill. The legs were cut off later; and again a surgeon’s skill was shown. Manzella was a strong,…
2Cases cited12 opinions
- Wilson v. United StatesSupreme Court of the United States · 1896
- Matter of CaseNew York Court of Appeals · 1915
- People v. . HarrisNew York Court of Appeals · 1893
- Knickerbocker v. . the PeopleNew York Court of Appeals · 1870
- Stover v. . People of the State of N.Y.New York Court of Appeals · 1874
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3Cited by185 opinions
- People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
- People v. BaskervilleNew York Court of Appeals · 1983
- State v. JamesTennessee Supreme Court · 2010
- Government of the Virgin Islands v. Vidal Galdon Aquino, Government of the Virgin Islands v. Ishmael Guillerma ReyesCourt of Appeals for the Third Circuit · 1967
- Commonwealth v. HomeyerSupreme Court of Pennsylvania · 1953
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