Legal Opinion

People v. Moran

New York Court of Appeals

Decided October 23, 1928PublishedCited by 31 opinions

1Per curiam

The defendant is a “ psychopathic inferior,” a man of low and unstable mentality, and, in all probability, a sufferer from epilepsy.

Even so, the evidence is not so strong as to exact a finding from the jury that he was mentally irresponsible within the meaning of Penal Law, section 34. He knew the nature and quality of the act, and knew that the act was wrong.

- It is the law of New York, made binding upon the court by the enactment of a statute, that a youth of that order of mentality shall suffer the penalty of death if guilty of the crime of murder. The rigor of the law may be mitigated by…

2Cited by31 opinions

  1. United States v. Archie W. BrawnerCourt of Appeals for the D.C. Circuit · 1972
  2. Fisher v. United StatesSupreme Court of the United States · 1946
  3. Commonwealth v. WalzackSupreme Court of Pennsylvania · 1976
  4. State v. PadillaNew Mexico Supreme Court · 1959
  5. Commonwealth v. ClarkMassachusetts Supreme Judicial Court · 1935

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