People v. . McCarthy
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made at the February Term, 1888, which affirmed a judgment of the Court of Sessions of the county of Albany, entered upon a verdict convicting the defendant of the crime of manslaughter in the second degree. {Mem. of decision below, 47 Hun, 491.) The facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made at the February Term, 1888, which affirmed a judgment of the Court of Sessions of the county of Albany, entered upon a verdict convicting the defendant of the crime of manslaughter in the second degree. {Mem. of decision below, 47 Hun, 491.) The facts are sufficiently stated in the opinion. An arrest, to be oppressive, must not only be unlawful, but malicious. (Penal Code, § 556.) By no construction of the evidence can the court find the defendant was committing an…
1Opinion of the CourtDanforth, J.
The defendant was indicted for the crime of manslaughter, in having killed one Richard T. Boring at West Troy. He pleaded not guilty. The issue was tried at the sessions, and it then appeared that the defendant was a member of the police force of that village, and that while patrol- , ling his beat at night, dressed in citizen’s clothes, he fired his pistol twice at Boring, with such effect as to inflict a wound and thereby cause his death. There was no dispute as to these facts, but the defendant, by his own testimony, sought to explain the act by saying that he saw a man running through the…
2Cases cited2 opinions
- Price v. . BrownNew York Court of Appeals · 1885
- Hawker v. . the PeopleNew York Court of Appeals · 1878
3Cited by28 opinions
- United States ex rel. Hetenyi v. WilkinsCourt of Appeals for the Second Circuit · 1965
- People v. JacksonNew York Court of Appeals · 1967
- People v. ResslerNew York Court of Appeals · 1966
- Calvin Hardee v. Robert Kuhlman, Acting Superintendent, Woodbourne Correctional FacilityCourt of Appeals for the Second Circuit · 1978
- People v. . HughsonNew York Court of Appeals · 1897
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