People v. . Kemmler
New York Court of Appeals
Appeal from judgment of the Court of Oyer and Terminer of the county of Erie, entered May 14, 1889, upon a verdict convicting the defendant of the crime of murder in the first degree. . • The facts, so far as material, are set forth in the opinion. The court erred in permitting the witnesses Phelps and Slacer, physicians, called on behalf of the people to testify as to the mental condition of the defendant. (People v. Stout, 3 Parker’s Crim.
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Appeal from judgment of the Court of Oyer and Terminer of the county of Erie, entered May 14, 1889, upon a verdict convicting the defendant of the crime of murder in the first degree. . • The facts, so far as material, are set forth in the opinion. The court erred in permitting the witnesses Phelps and Slacer, physicians, called on behalf of the people to testify as to the mental condition of the defendant. (People v. Stout, 3 Parker’s Crim. Rep. 670; Eddington v. M. L. I. Co., 67 N. Y. 197.) The court erred in refusing to charge “ that in fixing the grade of crime of which the defendant is…
1Opinion of the Court
(Tray, J.
The defendant was indicted for the killing of Matilda Ziegler and, after a trial at the Erie county Court of Oyer and Terminer, he was found guilty of murder in the first degree. He was thereupon sentenced to suffer the punishment of death, to be inflicted by the application of electricity, as provided by the Code of Criminal Procedure. The killing by the defendant was conclusively proved. Ho attempt was even made to dispute that fact, as established by his admissions to several persons and by the circumstantial proof; but the defense relied upon was the mental irresponsibility of…
2Cases cited1 opinion
- People v. StoutCourt Of Oyer And Terminer New York · 1858
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- Sovereign Camp of Woodmen of the World v. GrandonNebraska Supreme Court · 1902
- People v. . YoungsNew York Court of Appeals · 1896
- People v. GerdvineNew York Court of Appeals · 1914
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