Walter v. . the People
New York Court of Appeals
The plaintiff in error was indicted, and in February, 1864, tried, in the Flew York Court of General Sessions of the peace, for the murder of Fíancy E. Vincent. The homicide occurred under the following circumstances : The deceased had been living in a house of prostitution in Centre street some four weeks before the homicide. The proof tended to show that she had been intimate with the prisoner, and was called at this house by the name of “ Lizzy” and “ Lizzy Walters.”
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The plaintiff in error was indicted, and in February, 1864, tried, in the Flew York Court of General Sessions of the peace, for the murder of Fíancy E. Vincent. The homicide occurred under the following circumstances : The deceased had been living in a house of prostitution in Centre street some four weeks before the homicide. The proof tended to show that she had been intimate with the prisoner, and was called at this house by the name of “ Lizzy” and “ Lizzy Walters.” On the evening of the 27th FTovember, 1863 (Friday), Walter visited her. They went into a room, ahd, after coming out, went…
1Opinion of the CourtWright, J.
In this case we exercise, as an appellate tribunal, a peculiar jurisdiction. It was a conviction for a capital offense in the Hew York Court of General Sessions of the peace, and it is provided by statute that on appeal we may order a new trial, if satisfied that the verdict was against the weight of evidence, or against law, or that justice requires a new trial, whether any exception shall have been taken or not in the court below. (Laws of 1855, ch. 337, § 3.) The case is, therefore, open to review upon the facts and the law, regardless of any technical omission to except to the rulings of…
2Cited by30 opinions
- Hayes v. MissouriSupreme Court of the United States · 1887
- People v. KernNew York Court of Appeals · 1990
- People v. GarbuttMichigan Supreme Court · 1868
- People v. McCrayNew York Court of Appeals · 1982
- People v. . DunnNew York Court of Appeals · 1899
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