Legal Opinion
People v. Wallach
Appellate Division of the Supreme Court of the State of New York
Decided July 6, 1926PublishedCited by 2 opinions
1Opinion of the CourtMcAvoy, J.
The defendant in this case was convicted upon a trial of manslaughter in the first degree. He was indicted for murder in the first degree for shooting and killing one Benjamin Hillman on December 19, 1924.
The learned trial court took away from the jury the question of defendant’s guilt of murder in the first degree upon the ground that there was no evidence produced which would warrant a finding of deliberation and premeditation, essentials of the crime of murder in the first degree, and submitted to the jury the question as to murder in the second degree and manslaughter in the first and…
2Cases cited6 opinions
- Pointer v. United StatesSupreme Court of the United States · 1894
- Kennedy v. . the PeopleNew York Court of Appeals · 1868
- People v. . SeppiNew York Court of Appeals · 1917
- Son v. the Territory of OklahomaSupreme Court of Oklahoma · 1897
- People v. . FeigenbaumNew York Court of Appeals · 1896
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3Cited by2 opinions
- People v. SangaminoNew York Court of Appeals · 1932
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 1936