People v. Wheeler
Appellate Division of the Supreme Court of the State of New York
Appeal from Cattaraugus county court. Emmett Wheeler was convicted of assault, and appeals. Reversed.
1Opinion of the CourtSpring, J.
The defendant was indicted for manslaughter in the first degree in causing the death of one George Sharp by shooting him with a revolver. In his main charge the learned county judge instructed the jury that the proof did not warrant a conviction for the crime charged in the indictment, but submitted the question of fact for them to determine whether the defendant was imputable with culpable negligence in handling his revolver in “wanton disregard of the consequences.” Section 193, subd. 3, Pen. Code. After the jury had deliberated for a time, they returned, asking the court if they were…
2Cases cited13 opinions
- Kring v. MissouriSupreme Court of the United States · 1883
- Pierson v. . the PeopleNew York Court of Appeals · 1880
- People v. . LedwonNew York Court of Appeals · 1897
- People v. . PalmerNew York Court of Appeals · 1888
- People of the State of New York v. . DowlingNew York Court of Appeals · 1881
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3Cited by3 opinions
- Watson v. StateCourt of Criminal Appeals of Oklahoma · 1924
- Clapp v. StateCourt of Criminal Appeals of Oklahoma · 1942
- Schultz v. StateWisconsin Supreme Court · 1908