People v. Shorter
New York Supreme Court
Motion for a new trial. The defendant was indicted for the murder of Stephen C. Brush, and pleaded not guilty. He was tried at the Erie oyer and terminer, in October, 1848, before Justice Hoyt.
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Motion for a new trial. The defendant was indicted for the murder of Stephen C. Brush, and pleaded not guilty. He was tried at the Erie oyer and terminer, in October, 1848, before Justice Hoyt. Upon the trial it was proved that on the night of the 19th day of September, 1848, at about the hour of eleven o’clock, the said Stephen C. Brush was passing down Seneca-street, in the city of Buffalo, in company with some boys from fifteen to seventeen years of age, and that they were conversing and laughing about a negro character that had that evening been acted at the theatre; that while they were…
1Opinion of the CourtMarvin, J.
The prisoner was tried upon an indictment for the murder of Stephen C. Brush, and convicted. His counsel took an exception to the refusal of the judge to charge as re*466quested—and also to a part of the charge as made. The case is brought before us by certiorari.
The judge charged the jury fully upon the law of murder ; and to this part of the charge there is no objection. He then instructed the jury "that if they should not find the prisoner guilty of murder they would next inquire whether the killing was manslaughter, or excusable, or justifiable homicide; and if they should find that Brush…
2Cases cited1 opinion
- People v. RectorNew York Supreme Court · 1838
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