People v. Di Pasquale
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Dominick Di Pasquale, from a judgment of the County Court of Saratoga county in favor of the plaintiff, rendered against him on the 5th day of December, 1913, convicting him of the crime of an attempt to commit murder in the second degree.
1Opinion of the Court
Kellogg, J.:
April 2, 1906, Quirrito Dimassimo died, and in October, 1913, the defendant was indicted for the crime of murder in the second degree for having caused his death and was convicted of an attempt to commit that crime.
Under section 141 of the Code of Criminal Procedure there is no limitation of time within which a prosecution for murder must be commenced. Section 142 requires that an indictment for a felony other than murder must.be found within five years after its commission except where a less time is prescribed by *197statute. In this case the homicide was committed more than five…
2Cited by17 opinions
- People v. TurnerNew York Court of Appeals · 2005
- Robert E. Askins v. United StatesCourt of Appeals for the D.C. Circuit · 1958
- Abraham Chaifetz v. United StatesCourt of Appeals for the D.C. Circuit · 1960
- Padie v. StateAlaska Supreme Court · 1976
- People v. LohnesNew York Supreme Court · 1973
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