Legal Opinion

People v. . Downs

New York Court of Appeals

Decided December 2, 1890PublishedCited by 25 opinions

Appeal by defendant, George Downs, from a judgment of the general term in the third department, affirming a judgment entered upon a conviction of manslaughter in the first degree, in the court of oyer and terminer, of Rensselaer county. The facts sufficiently appear in the opinion of the court of appeals, and also in the opinion of the general term, reported at 7 N. Y. Grim. Pep. 481.

1Opinion of the CourtFinch, J.

The defendant was convicted of manslaughter in the first degree, but the general term has reversed that conviction for alleged error in the charge to the jury; and from that reversal the people have appealed to this court, insisting that the charge, fairly construed, was correct, and violated no established legal rule. The prosecution proved the corpus delicti, the death of Logan, and the violence which caused it, by direct evidence which was in no respect disputed. His dead body was found upon the premises of the prisoner shot through the heart. The bullet'had penetrated his clothing and…

2Cases cited1 opinion

  1. People v. . RiordanNew York Court of Appeals · 1889

3Cited by25 opinions

  1. People v. ThomasNew York Court of Appeals · 1980
  2. People v. BornholdtNew York Court of Appeals · 1973
  3. People v. Utica Daw's Drug Co.Appellate Division of the Supreme Court of the State of New York · 1962
  4. Kay v. Metropolitan Street Railway Co.New York Court of Appeals · 1900
  5. State v. HazletNorth Dakota Supreme Court · 1907

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