People v. Heineman
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 10, 1913, which affirmed a judgment of the Court of General Sessions of the Peace in the county of New York rendered upon a verdict convicting the defendant of the crime of manslaughter in the first degree. The facts, so far as material, are stated in the opinion. The charge of the trial judge was erroneous. (People v. Hill, 37 App.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 10, 1913, which affirmed a judgment of the Court of General Sessions of the Peace in the county of New York rendered upon a verdict convicting the defendant of the crime of manslaughter in the first degree. The facts, so far as material, are stated in the opinion. The charge of the trial judge was erroneous. (People v. Hill, 37 App. Div. 327; People v. Wood, 126 N. Y. 249; Union Bank v. Mott, 39 Barb. 180; Green v. White, 37 N. Y. 405; Capron v. Thompson, 86 N. Y. 418; Bolte v.…
1Opinion of the CourtCuddeback, J.
The defendant was indicted for the crime of manslaughter in the first degree. Section 1050 of the Penal Law defines that crime as follows: “Homicide is manslaughter in the first degree, when committed without a design to effect death: * * * In the heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon.”
The counsel for the defendant requested the court to charge the jury, “ They must find heat of passion on the part of the defendant before they can convict him of the crime charged. ” The request was refused and the defendant excepted. To understand the full force…
2Cases cited1 opinion
- People v. . McCarthyNew York Court of Appeals · 1888
3Cited by9 opinions
- People v. SotoAppellate Division of the Supreme Court of the State of New York · 1972
- Gross v. GoodmanNew York Supreme Court · 1940
- People v. D'Andrea, New York County Courts1960
- People v. DrislaneNew York Court of Appeals · 1960
- People v. MunozAppellate Division of the Supreme Court of the State of New York · 1960
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