Legal Opinion

People v. Cole

Court Of Oyer And Terminer New York

Decided October 15, 1883Published

Demurrer by the defendant, Geo. T. Cole, to an indictment. , The facts appear in the opinion.

1Opinion of the CourtTappan, J.

The defendant, George P. Cole, was indicted at this court for the crime of murder in the first degree for feloniously killing one Samuel Peters Murray.

Upon his arraignment; he interposed a demurrer to the indictment upon the grounds,

First. That more than one crime is charged in the indictment, within the meaning of sections 278 and 279 of the Code of Criminal Procedure.

Second. That the facts stated do not constitute a crime, as provided by subdivisions 3 and 4 of section 323 of such Code. •

The first eleven counts of the indictment charge the crime of murder in the first degree at common law…

2Cases cited8 opinions

  1. Cox v. . the PeopleNew York Court of Appeals · 1880
  2. Dolan v. . PeopleNew York Court of Appeals · 1876
  3. Mayo v. StateSupreme Court of Alabama · 1857
  4. Buel v. . the PeopleNew York Court of Appeals · 1879
  5. Nelson v. . the PeopleNew York Court of Appeals · 1861

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