People v. . Becker
New York Court of Appeals
Appeal from a judgment of the Supreme Court, rendered October 30, 1912, at an extraordinary Trial Term for the county of New York, upon a verdict convicting the defendant of the crime of murder in the first degree. The facts,, so far as material, are stated in the opinions. The principle that every man accused of crime is entitled to a fair trial was grossly violated by the trial justice.
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Appeal from a judgment of the Supreme Court, rendered October 30, 1912, at an extraordinary Trial Term for the county of New York, upon a verdict convicting the defendant of the crime of murder in the first degree. The facts,, so far as material, are stated in the opinions. The principle that every man accused of crime is entitled to a fair trial was grossly violated by the trial justice. (People v. Patrick, 182 N. Y. 187.) The remarks of the district attorney in his opening address to the jury were extremely prejudicial. (Tucker v. Henniker, 41 N. H. 317; People v. Fielding, 158 N. Y. 548;…
1ConcurrenceMiller, J.
I concur with my brother His-cock. The conduct of the trial was grossly unfair to the defendant. Indeed, it is impossible to portray in an opinion the spirit of unfairness which pervades the record from cover to cover. A careful reading of it has created, and subsequent study has strengthened, the conviction in my mind that the verdict was produced by the compelling influence of a forceful judge, whose prejudgment of the cause had unconsciously created a predetermination to convict the defendant. In my opinion it would be a reproach upon the administration of justice to allow the verdict to…
2Cases cited3 opinions
- People v. . LedwonNew York Court of Appeals · 1897
- People v. . FerraraNew York Court of Appeals · 1910
- People v. . PoulinNew York Court of Appeals · 1912