People v. . Pekarz
New York Court of Appeals
Appeal from a judgment of the Court of General Sessions of the Peace in the county of 27ew York, rendered June 23, 1905, 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 court erred in refusing to permit May Ontl to testify that the acts of the appellant were those of an irrational person.
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Appeal from a judgment of the Court of General Sessions of the Peace in the county of 27ew York, rendered June 23, 1905, 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 court erred in refusing to permit May Ontl to testify that the acts of the appellant were those of an irrational person. (Clapp v. Fullerton, 34 N. Y. 194; Matter of Ross, 87 N. Y. 514; People v. O'Brien, 36 N. Y. 282; People v. Conboy, 97 N. Y. 66; Hawlett v. Wood, 55 N. Y. 634; Hughes v. Griffith, 12 Wkly. Dig. 501; Holcomb v.…
1Opinion of the CourtVann, J.
On the 22d of May, 1905, the defendant was in-dieted for the crime of murder in the first degree, in that on the 24th of April, 1905, in the borough of Manhattan, county of New York, he willfully, feloniously and with malice aforethought, took the life of Sarah Eosenberg by beating her upon the head with a hammer and stabbing her in the throat with a knife. Upon his arraignment he pleaded “ not guilty ” and, as permitted by statute, added the specification “that he was insane when the offense was committed.” (Code Cr. Pro. § 335.) His trial commenced on the 19th of June, 1905, and on the 28th…
2Cases cited13 opinions
- People v. . SullivanNew York Court of Appeals · 1903
- Clapp v. . FullertonNew York Court of Appeals · 1866
- People v. BodineCourt for the Trial of Impeachments and Correction of Errors · 1845
- People v. . FishNew York Court of Appeals · 1891
- New York & Long Island Bridge Co. v. SmithNew York Court of Appeals · 1896
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3Cited by16 opinions
- People v. . BraschNew York Court of Appeals · 1908
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- People v. . RichardsonNew York Court of Appeals · 1917
- People v. RoldanAppellate Division of the Supreme Court of the State of New York · 1995
- In re Campbell's WillNew York Surrogate's Court · 1912
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