Thomas v. . People
New York Court of Appeals
Error to the General Term of the Supreme Court in the fourth judicial department affirming a judgment of the Court of Oyer and Terminer in and for the county of Cayuga, entered upon a verdict convicting plaintiff in error of the crime of murder in the first degree. The prisoner and Richard Sheffield, the deceased, were convicts confined in Auburn State prison.
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Error to the General Term of the Supreme Court in the fourth judicial department affirming a judgment of the Court of Oyer and Terminer in and for the county of Cayuga, entered upon a verdict convicting plaintiff in error of the crime of murder in the first degree. The prisoner and Richard Sheffield, the deceased, were convicts confined in Auburn State prison. The homicide was committed, in one of the shops of the prison, with a case knife, which the prisoner had previously ground down to a point; this he plunged into the heart of the deceased. The facts pertinent to the different questions…
1Opinion of the CourtEael, J.
The plaintiff in error was convicted of murder in the first degree for killing a fellow-prisoner in the Auburn State prison with a knife. The prisoner’s counsel upon the trial took several exceptions to the rulings of the court, which are presented here as grounds for a reversal of the conviction, and I will examine them separately in the order in which they are presented.
First. Hpon the trial George J. He Witt was called as a juror and was challenged by the prisoner for principal cause, and upon being sworn testified that he had heard the killing talked about, had expressed an opinion of the…
2Cases cited4 opinions
- People v. RathbunNew York Supreme Court · 1839
- Sanchez v. . the PeopleNew York Court of Appeals · 1860
- Lohman v. . the PeopleNew York Court of Appeals · 1848
- People v. HoneymanNew York Supreme Court · 1846
3Cited by75 opinions
- People v. . GaimariNew York Court of Appeals · 1903
- Henderson v. MorganSupreme Court of the United States · 1976
- Ponzi v. FessendenSupreme Court of the United States · 1922
- People v. ThomasNew York Court of Appeals · 1980
- People v. ProsserNew York Court of Appeals · 1955
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