People v. Beckwith
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the Third Department, entered upon an order made July 11, 1887, which affirmed a judgment of the Court of Oyer and Terminer of Columbia County ■entered February 11, 1887, upon the conviction of defendant, Oscar F. Beckwith, of murder in the first degree. The defendant having been convicted of murder in the first degree, the conviction was affirmed in the General Term of the Supreme Court (4 N. Y. Crim.
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Appeal from a judgment of the General Term of the Supreme Court in the Third Department, entered upon an order made July 11, 1887, which affirmed a judgment of the Court of Oyer and Terminer of Columbia County ■entered February 11, 1887, upon the conviction of defendant, Oscar F. Beckwith, of murder in the first degree. The defendant having been convicted of murder in the first degree, the conviction was affirmed in the General Term of the Supreme Court (4 N. Y. Crim. Rep. 335) and by the Court of Appeals (5 Id. 222). Afterward defendant made a motion for a new trial, which was granted. An…
1Dissent
Learned, J.—[Dissenting.]
Under the Revised Statutes murder was killing, perpetrated from a premeditated design to effect death. Manslaughter in the first degree is killing-when committed from a deliberate and premeditated design to effect death; in the second degree, when committed with a design to effect death, but without deliberation or premeditation. I cannot but think that the decisions of the courts have gone far to abolish the distinction which the legislature intended to make by the emphatic adding of “ deliberation” to “ premeditation.” When it is said that such design must precede…
2Cases cited7 opinions
- Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
- People of the State of New York v. . MajoneNew York Court of Appeals · 1883
- People v. . PalmerNew York Court of Appeals · 1888
- Ruloff v. . the PeopleNew York Court of Appeals · 1858
- Sindram v. . People of the State of New YorkNew York Court of Appeals · 1882
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