People v. . Huson
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 12, 1906, which reversed a judgment of the Cayuga County Court rendered upon a verdict convicting' the defendant of the crime of assault in the first degree and granted a new trial. The facts, so far as material, are stated in the. opinion.
1Opinion of the CourtVann, J.
The defendant, was indicted for the crime of' manslaughter in the first degree, which is taking human life without a design to effect death, but was convicted of assault in the first degree, which is an assault made with intent to effect death, or to commit a felony upon person or property. (Penal Code, §§ 189, 217.) The Code of Criminal Procedure provides that “ upon a trial for murder or manslaughter, if the act complained of is not proven to be the cause of death, the defendant may be convicted of assault in any degree constituted by said act, and warranted by the evidence.” (Code Or. Pr.…
2Cases cited2 opinions
- People v. . MeakimNew York Court of Appeals · 1892
- People v. . GrossmanNew York Court of Appeals · 1901
3Cited by18 opinions
- People v. . WashorNew York Court of Appeals · 1909
- People v. JacksonNew York Court of Appeals · 1966
- People v. BlakeAppellate Division of the Supreme Court of the State of New York · 1907
- People v. GriecoNew York Court of Appeals · 1934
- People v. DarraghAppellate Division of the Supreme Court of the State of New York · 1910
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