People v. . Falletto
New York Court of Appeals
The indictment contained two counts, by the first of which, the defendant was charged with taking the life of Louis Levine “feloniously, willfully, maliciously and unlawfully, and with a deliberate and premeditated design to effect ” his death. The second count charged the same crime, committed by the defendant while “ feloniously and unlawfully engaged in the commission of a felony, to wit, the crime of grand larceny in the second degree.”
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The indictment contained two counts, by the first of which, the defendant was charged with taking the life of Louis Levine “feloniously, willfully, maliciously and unlawfully, and with a deliberate and premeditated design to effect ” his death. The second count charged the same crime, committed by the defendant while “ feloniously and unlawfully engaged in the commission of a felony, to wit, the crime of grand larceny in the second degree.” The facts, so far as material, are stated in the opinion.
1Opinion of the Court
Vann, J.:
The homicide which is the subject of this appeal occurred on the 13th of August, 1909, in the back part of a second-hand clothing store kept by Louis Levine, the deceased, in the village of Port Chester, county of Westchester. Mr. Levine was a feeble old man, five feet high, eighty-nine years old, and weighing about one hundred pounds. The defendant is thirty-three years of age, five feet ten and one-half inches in height, and weighs about one hundred and eighty pounds. The fatal wound was a straight cut across the throat, just above the Adam’s apple, parallel to a line drawn from…
2Cases cited10 opinions
- People v. . Del VermoNew York Court of Appeals · 1908
- Moore v. StateTennessee Supreme Court · 1896
- Daughdrill v. StateSupreme Court of Alabama · 1896
- People v. . CoreyNew York Court of Appeals · 1898
- People v. . ConklinNew York Court of Appeals · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- People v. NievesNew York Court of Appeals · 1986
- People v. MleczkoNew York Court of Appeals · 1948
- People v. CortesNew York Supreme Court · 2004
- People v. AllenNew York Court of Appeals · 1949
- People v. LiccioneAppellate Division of the Supreme Court of the State of New York · 1978
22 more not listed; retrieve them via the Exa API.