People v. . Triola
New York Court of Appeals
Appeal from a judgment of the Supreme Court, rendered April 29,1901, at a Trial Term for the county of Hew York, upon a verdict convicting the defendant of the crime of murder in the first degree. The facts, so far as material, are stated in the opinion. The court erred in its charge to the jury. (Cancemi v. People, 16 N. Y. 501 ; Remsen v. People, 42 N. Y. 1 ; People v. Elliott, 163 N. Y. 14 ; People v. Friedland, 2 App.
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Appeal from a judgment of the Supreme Court, rendered April 29,1901, at a Trial Term for the county of Hew York, upon a verdict convicting the defendant of the crime of murder in the first degree. The facts, so far as material, are stated in the opinion. The court erred in its charge to the jury. (Cancemi v. People, 16 N. Y. 501 ; Remsen v. People, 42 N. Y. 1 ; People v. Elliott, 163 N. Y. 14 ; People v. Friedland, 2 App. Div. 334 ; People v. Lamb, 2 Keyes, 360 ; People v. Clemmens, 42 Hun, 353 ; People v. Wiliman, 44 Hun, 187 ; People v. Barberi, 149 N. Y. 279 ; McKenna v. People, 81 N. Y.…
1Opinion of the Court
Parker, Ch. J.
It is not disputed that defendant shot and mortally wounded Mamie Cirolli while she was going through the street at night in the company of her mother and one Sorrentino; but defendant undertook to prove that he fired in self-defense at Sorrentino, who had first fired on him.
Sorrentino and the girl’s mother testified that defendant was following them and the girl; that he ran into the street and got ahead of the girl and fired five shots at her, one of which proved fatal. Six witnesses testified that when defendant was arrested he confessed his guilt and said he was sorry for…
2Cited by3 opinions
- People v. . TriolaNew York Court of Appeals · 1903
- In re JonesNew York Court of Appeals · 1905
- People v. MontgomeryAppellate Division of the Supreme Court of the State of New York · 1905