People v. Gallagher
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James G. Gallagher, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cayuga on the 24th day of January, 1902, upon the verdict of a jury convicting him of the crime of manslaughter in the first degree, and also from an order entered in said cleric’s office on the 8th day of February, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the CourtWilliams, J.
The judgment and order appealed from should be affirmed, and the case remitted to Cayuga county, pursuant to section 547 of the Code of Criminal Procedure.
The defendant was indicted for the crime of murder in the first degree, in having caused the death of George Beibert, by shooting him, on the 29th day of July, 1901, at the city of Auburn.
Upon his conviction he was sentenced to Auburn State’s Prison for fifteen years.
There was no dispute but that the defendant caused the death of the deceased. The defense was that the killing was justifiable or excusable homicide, that it was accidental and…
2Cases cited6 opinions
- Dalrymple v. . WilliamsNew York Court of Appeals · 1875
- Thomas v. . PeopleNew York Court of Appeals · 1876
- People v. . JohnsonNew York Court of Appeals · 1888
- People v. . LarubiaNew York Court of Appeals · 1893
- People v. HartungCourt Of Oyer And Terminer New York · 1859
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3Cited by20 opinions
- People v. . SpragueNew York Court of Appeals · 1916
- State v. RutledgeSupreme Court of Iowa · 1951
- People v. . DolanNew York Court of Appeals · 1906
- Lamb v. StateSupreme Court of Florida · 1925
- Mode v. StateSupreme Court of Arkansas · 1961
15 more not listed; retrieve them via the Exa API.