People v. Grimaldi
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant from a judgment of the County Court of Kings county, rendered on the 15th day of December, 1913, convicting him of the crime of carrying a dangerous weapon. Judgment of conviction of the County Court of Kings county affirmed. No opinion. Jenks, P. J., Burr, Carr and Rich JJ., concurred; Thomas, J., read for reversal.
1Opinion of the Court
Thomas, J. (dissenting):
The defendant was indicted for, and acquitted of, discharging a revolver at one Di Meo with intent to kill him. He has *902been convicted in this action of unlawfully carrying the revolver on the same day. The indictment and plea on the first trial presented the issuable facts: (1) Whether the defendant assaulted with a revolver; (2) if so, whether with intent to harm Di Meo. A negative answer to either inquiry demanded an acquittal, and to the second may have involved a finding of self-defense. On this trial there was one essential inquiry, was the revolver in the…
2Cases cited14 opinions
- Coffey v. United StatesSupreme Court of the United States · 1886
- Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
- Bell v. . MerrifieldNew York Court of Appeals · 1888
- Blair v. . BartlettNew York Court of Appeals · 1878
- Stowell v. . ChamberlainNew York Court of Appeals · 1875
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