Legal Opinion

People v. . Wilson

New York Court of Appeals

Decided April 9, 1895PublishedCited by 11 opinions

Appeal from judgment of the Court of Oyer and Terminer of the county of Onondaga, entered upon a verdict rendered September 24, 1894, convicting defendant of the crime of murder in the first degree, and also from an order of said court denying a motion for a new trial.

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Appeal from judgment of the Court of Oyer and Terminer of the county of Onondaga, entered upon a verdict rendered September 24, 1894, convicting defendant of the crime of murder in the first degree, and also from an order of said court denying a motion for a new trial. The following is the opinion in full: “ On the 31st day of July, 1893, James Harvey, a detective and member of the Syracuse police force, was shot and instantly killed on a public street in that city at ten o’clock in the forenoon. The tragedy was witnessed by a number of citizens. Two brothers, Lucius R. Wilson, and this…

1Opinion of the Court

Bartlett, J.,

reads for affirmance.

All concur, except Andrews, Ch. J., Gray and O’Brien, JJ., who dissent on the grounds: (1) That there was no sufficient evidence to justify the court in submitting to the jury the question whether, on the day of, or on any day preceding the homicide, the defendant and Lucius K. Wilson (who fired the shot which killed Harvey) had entered into a joint agreement, conspiracy or confederacy to resist, to the taking of human life if necessary, any attempt by any person to arrest or detain them, or hold them in custody, and (2) that the charge of the judge to the…

2Cited by11 opinions

  1. People v. WoodNew York Court of Appeals · 1960
  2. Commonwealth v. DevereauxMassachusetts Supreme Judicial Court · 1926
  3. Morgan v. StateNebraska Supreme Court · 1897
  4. People v. . MarwigNew York Court of Appeals · 1919
  5. People v. . SobieskodaNew York Court of Appeals · 1923

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