People v. Milks
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Gilbert Milks, from a judgment of the County Court of Cattaraugus county in favor of the plaintiff, rendered on the 24th day of October, 1899, convicting the defendant of the crime of arson in the third degree; also from an order entered in the office of the clerk of the county of Cattaraugus on the 24th day of October, 1899, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on…
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Appeal by the defendant, Gilbert Milks, from a judgment of the County Court of Cattaraugus county in favor of the plaintiff, rendered on the 24th day of October, 1899, convicting the defendant of the crime of arson in the third degree; also from an order entered in the office of the clerk of the county of Cattaraugus on the 24th day of October, 1899, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 24th day of October, 1899, denying the defendant’s motion to arrest the judgment herein. On the 16th day of…
1Opinion of the Court
McLennan, J.:
A careful reading of the evidence bearing upon the question of defendant’s guilt leads us to the conclusion that it was such as to require the submission of that question to the jury. It will, therefore, be unnecessary to review the evidence, except so far as it may be material to the discussion of the questions raised by the objections and exceptions taken by the defendant during the progress of the trial.
The first objection and exception to which attention is called relates to a statement made by the learned district attorney in opening the case to the jury. The district…
2Cases cited2 opinions
- People v. . FieldingNew York Court of Appeals · 1899
- People v. . SmithNew York Court of Appeals · 1900
3Cited by6 opinions
- People v. BissertAppellate Division of the Supreme Court of the State of New York · 1902
- People v. SnyderAppellate Division of the Supreme Court of the State of New York · 1904
- People v. LattaAppellate Division of the Supreme Court of the State of New York · 1930
- People v. MyerAppellate Division of the Supreme Court of the State of New York · 1914
- People v. DoodyAppellate Division of the Supreme Court of the State of New York · 1902
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