Legal Opinion

The People v. . Willett

New York Court of Appeals

Decided April 13, 1886PublishedCited by 30 opinions

Appeal from the judgment of the General Term of the-Supreme Court of the Third Judicial Department affirming the judgment and conviction of the defendant, who was convicted of the crime of murder in the first degree at the Ulster County Oyer and Terminer in ¡November, 1885, Hon. A Melvin Osborne, presiding, and sentenced to death The defendant was. indicted at the Ulster county Oyer and.

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Appeal from the judgment of the General Term of the-Supreme Court of the Third Judicial Department affirming the judgment and conviction of the defendant, who was convicted of the crime of murder in the first degree at the Ulster County Oyer and Terminer in ¡November, 1885, Hon. A Melvin Osborne, presiding, and sentenced to death The defendant was. indicted at the Ulster county Oyer and. Terminer, in February, 1884, for the murder of Edwin ,Kelland, committed on the night of the preceding January 8th, and was brought to trial at the Oyer and Terminer of said county in ¡November, 1884, and…

1Opinion of the CourtFinch, J.

This appeal brings up the record alone, and raises merely a question of pleading. The indictment contains nine counts, each charging the prisoner with the crime of murder. To the first three a demurrer was interposed, upon the ground that they did not sufficiently charge the commission of the crime. They aim to allege a murder perpetrated while engaged in the commission of a felony, or in the attempt to commit it, the felony intended being the crime of grand larceny. The defects pointed out are omissions asserted to be necessary to a correct statement of that offense, and consist in a failure…

2Cases cited3 opinions

  1. The People v. . ConroyNew York Court of Appeals · 1884
  2. Phelps v. . PeopleNew York Court of Appeals · 1878
  3. Phelps v. . PeopleNew York Court of Appeals · 1878

3Cited by30 opinions

  1. People v. . SullivanNew York Court of Appeals · 1903
  2. People v. . DumarNew York Court of Appeals · 1887
  3. Holmes v. StateCourt of Criminal Appeals of Oklahoma · 1911
  4. People v. . WeldonNew York Court of Appeals · 1888
  5. State v. CaseyOregon Supreme Court · 1923

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